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Introduction
The
Sunday Trading Act 1994, which allowed Sunday shop opening in
England and Wales, gave shop workers new employment rights concerning
Sunday working. The Deregulation and Contracting Out Act 1994,
which amended the Betting, Gaming and Lotteries Act 1963 to allow
on-course and off-course betting on Sundays in England and Wales,
gave similar new rights to betting workers. All of these rights
are now consolidated into the Employment Rights Act 1996.
Shop
and betting workers have the right:
-
not
to be dismissed for refusing to do shop or betting work on
Sundays;
-
not
to be selected for redundancy for refusing to do shop or betting
work on Sundays;
-
not
to suffer any other detriment for refusing to do shop or betting
work on Sundays. Detriment is not defined in the legislation
but could include, for example, denial of overtime, promotion
or training opportunities.
These
rights apply irrespective of age, length of service or hours of
work. However, they do not apply to those who are employed to
work only on Sundays.
How
the provisions work
Who
is a "shop worker" and a "betting worker"?
Shop
workers: A shop worker is an employee who, under his or her
employment contract, is or may be required to do shop work. Shop
work means work in or about a shop in England or Wales on a day
on which the shop is open to customers.
Betting
workers: A betting worker is an employee who, under his or
her employment contract, is or may be required to do betting work.
Betting work means work at a track in England or Wales that includes
dealing with betting transactions for a bookmaker, or work in
a licensed betting office in England or Wales when it is open
to customers.
How
do workers qualify for these rights?
Some
shop and betting workers are automatically "protected" from being
required to work Sundays, others need to "opt-out" of Sunday working.
"Protected" shop and betting workers qualify for these rights
automatically. They can simply tell their employer that they do
not work on Sundays. They can give up their right not to work
on Sundays only by giving their employer a signed and dated written
"opting-in notice" that says they do want to work on Sundays or
that they do not object to working on Sundays. They must then
agree with their employer exactly what work on Sundays, or on
one particular Sunday, they are agreeing to do.
All
other shop and betting workers can "opt-out" of Sunday working
by giving their employer three months notice, in writing, that
they want to stop working on Sundays.
Who
qualifies as an automatically "protected" worker?
-
Those
employed by the same employer as a shop or betting worker
since before the date when the law changed (26 August 1994
for shop work and 3 January 1995 for betting work), including
those who, before that date, had agreed to work on Sundays.
-
All
shop and betting workers whose contract of employment cannot
require them to work on Sundays.
Who
needs to serve a three-month notice in order to "opt-out"?
Shop
and betting workers who, after the date the law changed, entered
into an employment contract in which they work Sundays or can
be required to do so. An example would be new recruits who initially
agreed to Sunday work, but no longer wish to do so.
How
to opt out of Sunday shop or betting work
Shop
and betting workers who want to opt-out of Sunday working must
give their employer a signed and dated written notice saying that
they object to Sunday working. They do not have to give any reason.
They must then serve a three month notice period. During this
period they still have to do the Sunday work required under their
employment contract, if their employer wants them to do it. However,
shop or betting workers may not be dismissed or subjected to any
other detriment by their employer during the notice period for
giving an opting-out notice. Once the three month notice period
has ended, the worker has the right not to do Sunday shop or betting
work because he or she is protected as an "opted-out" shop or
betting worker.
The
right to opt out is a continuing one. Any shop or betting worker
who opts in to Sunday working has the right to opt out again.
Settling
a dispute
A
"protected" or an "opted-out" shop or betting worker has the right
not to be dismissed or subjected to a detriment on account of
either their refusal to work Sundays, or for giving or proposing
to give the employer an opt-out notice.
Workers
who consider their rights have been infringed can make a complaint
to an employment tribunal. An application form is included in
the explanatory leaflet How to apply to an employment tribunal,
available from Jobcentres and Citizens Advice Bureaux. When the
employment tribunal office receives the completed application
form, it will inform the Advisory,
Conciliation and Arbitration Service (ACAS) who will contact
both parties and try to get them to agree a settlement of the
complaint, to avoid them having to go to a tribunal hearing.
The
employer or worker may also seek the services of an ACAS conciliator
before an application has been made to a tribunal. However, it
is important to remember that the time limit for applying to an
employment tribunal - within three months of the date that the
right was infringed - is not extended because of any such
discussions. If a tribunal upholds a complaint of unfair dismissal
or detrimental treatment, it can order the employer to pay the
worker compensation. In dismissal cases, if the worker wants his
job back and the tribunal considers this practicable and just,
it can order the employer to re-employ him.
More
detailed information is available in the documents Unfairly
dismissed? (PL 712), Fair
and unfair dismissal: a guide for employers (PL 714) and Individual
rights of employees: a guide for employers and employees (PL
716).
Explanatory
statement
Employers
must give every shop worker and betting worker who is, or who
may be, required by his employment contract to work on Sundays
a written statement explaining the right to opt-out. This statement
must be given to the worker within two months of the date he or
she starts work. If an employer fails to do this, and the worker
gives the employer an opt-out notice, then the period of that
notice is reduced from three months to one month. This means the
worker can stop working Sundays after only one month instead of
after the normal three month period.
The
prescribed text of the explanatory statement in each case - one
version for shop workers, another for betting workers - can be
found below. The explanatory statements can be freely reproduced,
for example if employers wish to distribute them to their workforce.
Explanatory
statement: the prescribed text
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STATUTORY
RIGHTS IN RELATION TO SUNDAY SHOP WORK
You
have become employed as a shop worker and are or can be
required under your contract of employment to do the Sunday
work your contract provides for.
However,
if you wish, you can give a notice, as described in the
next paragraph, to your employer and you will then have
the right not to work in or about a shop on any Sunday on
which the shop is open once three months have passed from
the date on which you gave the notice.
Your
notice must:
- be
in writing;
- be
signed and dated by you;
- say
that you object to Sunday working.
For
three months after you give the notice, your employer can
still require you to do all the Sunday work your contract
provides for. After the three month period has ended, you
have the right to complain to an employment tribunal if,
because of your refusal to work on Sundays on which the
shop is open, your employer:
- dismisses
you, or
- does
something else detrimental to you, for example, failing
to promote you.
Once
you have the rights described, you can surrender them only
by giving your employer a further notice, signed and dated
by you, saying that you wish to work on Sunday or that you
do not object to Sunday working and then agreeing with your
employer to work on Sundays or on a particular Sunday.
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Explanatory
statement: the prescribed text
|
STATUTORY
RIGHTS IN RELATION TO SUNDAY BETTING WORK
You
have become employed under a contract of employment under
which you are or can be required to do Sunday betting work,
that is to say, work:
- at
a track on a Sunday on which your employer is taking bets
at the track, or
- in
a licensed betting office on a Sunday on which it is open
for business.
However,
if you wish, you can give a notice, as described in the
next paragraph, to your employer and you will then have
the right not to do Sunday betting work once three months
have passed from the date on which you gave the notice.
Your
notice must:
- be
in writing;
-
be signed and dated by you;
- say
that you object to doing Sunday betting work.
For
three months after you give the notice, your employer can
still require you to do all the Sunday betting work your
contract provides for. After the three month period has
ended, you have the right to complain to an employment tribunal
if, because of your refusal to do Sunday betting work, your
employer:
- dismisses
you, or
- does
something else detrimental to you, for example, failing
to promote you.
Once
you have the rights described, you can surrender them only
by giving your employer a further notice, signed and dated
by you, saying that you wish to do Sunday betting work or
that you do not object to doing Sunday betting work and
then agreeing with your employer to do such work on Sundays
or on a particular Sunday.
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Last updated
25 June 2002
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