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FACTSHEET and Frequently Asked Questions (FAQs) Subject: Christmas Day Trading Relevant or Related Legislation: Sunday Trading Act 1994 Current Positon: In addition to regulating opening by large shops on Sunday (See separate factsheet), the Sunday Trading Act 1994 prohibits large shops from opening on Easter Sunday and on Christmas Day, when it falls on a Sunday. Private Members' Bills were introduced, by Gwyneth Dunwoody MP in 2001 and Kevin Hughes MP in 2002, to prohibit large shops from opening on any Christmas Day. The Bills failed to become law. The Government wishes to see the special nature of Christmas Day maintained. It believes the special nature of the day would be undermined if opening by large shops became widespread. Recent Relevant Campaigns or Consultation: A campaign by the Union of Shop, Distributive and Allied Workers (USDAW) has argued that large shops should be prohibited from opening on Christmas Day. A public
consultation was launched on 8 April 2003 on proposed new regulation of
Christmas Day trading, which would prohibit large shops (retail area
exceeding 280 sq m/3,000 sq ft) from opening on Christmas Day falling on
any day of the week. The complete consultation document is available on
the internet at: Results of Consultation In response to the public
consultation, 97% of respondents supported keeping Christmas Day special
and agreed that large shops should remain closed.
The remaining 3%, all from individual members of the public,
opposed the proposal on the grounds that it was discriminatory against
other religions. Of the responses logged, 18% were from major retailers, 6% were from small shops and retail staff organisations, answering on behalf of their members. 4% were received from Christian groups. The remaining 72% of responses were from private individuals. Key Facts: Under the Sunday Trading Act 1994 the limits on shop opening hours are: • Small shops
(under 280 sq m/3,000 sq ft) - no restrictions on opening - Monday to Saturday - no restrictions The prohibition of trading by large shops on Easter Sunday and on Christmas Day, when on a Sunday, arose from an amendment tabled during the passage of the Sunday (Trading) Bill. Frequently Asked Questions (FAQs) Q1. What is the law on shops opening on Christmas Day? Q3. What would be the effect of new regulation?
Q4. What would be the effect of new regulation on smaller shops?
Q5. Why is the Government proposing new regulation?
Q7. When would new regulation be introduced? Will new regulation be in place by Christmas 2003?
Q8. Are many large shops opening at the moment?
Q9. How many shops opened on Christmas Day 2002?
Q10. Would shop workers be paid premium rates for working on Christmas Day?
Q11. Are employees entitled to time off for religious observance on Christmas Day?
Q12. Will the Government relax the limits on opening for the Sundays leading to Cristmas?
The Sunday Trading Act 1994 limits shop opening hours as follows: • Small shops (under 280 sq m/3,000 sq ft) - no restrictions on opening • Large shops (over 280 sq m/3,000 sq ft) - Monday to Saturday - no restrictions
The Government wishes to see the special nature of Christmas Day maintained. It believes the special nature of the day would be undermined if opening by large shops became widespread. A public consultation was launched on 8 April 2003 on proposed new regulation of Christmas Day trading. 97% of respondents supported keeping Christmas Day special and agreed that large shops should remain closed. The complete consultation document and a summary of the responses is available on the internet at: www.dti.gov.uk/ccp/consultations.htm
New regulation would extend the present provisions of the Sunday Trading Act 1994, by prohibiting large shops (i.e. over 280 sq m/3,000 sq ft) opening on Christmas Day falling on any day of the week, rather than only when Christmas Day falls on a Sunday as now.
Smaller shops would not be affected.
The Government believes that widespread opening by large shops would seriously undermine the special nature of Christmas Day well as having an adverse effect on employees. It believes that legislation now will avoid a problem arising at a later date. The Government consulted key stakeholders for their views to inform consideration of new regulation.
The 1994 Act applies only to England and Wales. Regulation of Sunday and Christmas Day trading is a devolved matter. The position in Scotland is being considered separately by the Scottish Executive.
New legislation would not be introduced until the 2003-04 Parliamentary Session. The Government may introduce legislation as soon as Parliamentary time permits.
A consultation of individual major retailers in 2002 showed that overwhelming majority of large retailers had no current plans to open. However, it was apparent that opening by competitors would lead to plans being reviewed in some cases.
We do not have detailed figures for Christmas Day 2002 but
we believe fewer large and small shops opened than in the previous
year.
Whether employees are entitled to extra pay for working on Christmas Day (or any other public holiday) is a contractual matter for negotiation between employers and employees.
Government policy is to encourage employers to respond flexibly and sympathetically to any requests for leave, including requests for religious holidays.
There are no current plans to change the law in this respect. The Government will continue to monitor operation of the Sunday Trading Act 1994 to ensure it continues to meet current needs.
Contacts Enquiries about employees' rights and protection, religious festivals - ER Directorate, DTI.
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