XpertHR's head of content Jo Stubbs and senior employment law editor Clio
Springer discuss the temporary change to the rules on opting out of Sunday
working over the period of the Olympic and Paralympic Games.
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The questions in full:
For most employees, whether or not
they are required to work on Sundays is going to be down to their contract of
employment. But there are special rules for shop and betting workers dating
back to when Sunday trading was legalised in the 1990s, aren’t there?
Yes. Basically, some shop and
betting workers fall into the category of “protected workers” and cannot be
required to work on Sundays either because they have been employed in the same
role by the same employer since the law changed or because of the terms of their
contract.
What about shop and betting workers
who aren’t protected?
So long as they are not employed to
work only on Sundays, shop and betting workers who are, or may be, required to
work on Sundays can opt out of Sunday working. They can do this by giving
written notice that they object to Sunday working. So long as the employer
provided a statement setting out their right to opt out of Sunday working within
two months of their becoming such a shop or betting worker (as a new employee or
as a previously protected individual who opted in to Sunday working), the
opt-out will take effect after three months. If the employer failed to do
this, the opt-out becomes effective after one month.
Although Sunday trading has been
permitted since the 1990s, for large shops, ie those with a relevant floor area
of over 280 square metres, it is restricted to six hours of trading between the
hours of 10am and 6pm. This is where the Government’s temporary change
during the Olympics and Paralympics comes in isn’t it?
That’s right. The restrictions on
Sunday trading for large shops are being lifted for eight Sundays beginning with
Sunday 22 July 2012 and ending with Sunday 9 September 2012. After that
period, the normal Sunday trading restrictions will once more apply.
Presumably many large shops are
going to take advantage of the restrictions being lifted to boost sales over
this period. Some employees working in these shops are obviously going to
want to make the most of being able to work different or extra hours but some
won’t. Are they still going to have the right to opt out of Sunday
working?
Yes, this right remains. In fact,
because of the short timetable before the Olympics start, the Government has
temporarily reduced the notice that shop workers in large shops have to give to
opt out of Sunday working.
How much notice will they need to
give?
A pre-Games period has been specified,
beginning on 1 May and ending on 9 July. If a shop worker in a large shop
gives notice to opt out of Sunday working in this pre-Games period, the notice
will end after two months, or on Saturday 21 July if that is later. This
means that the notice period for anyone who gives notice to opt out between 1
May and 22 May will end on 21 July. The opt-out will therefore begin on
Sunday 22 July, the first day of the eight-Sunday suspension period.
So any employees who want to be
sure of not having to work on any of the eight Sundays during the suspension
have to give their notice by 22 May at the latest. And for employees who
give notice between 23 May and 9 July, which is the last day of the pre-Games
period, presumably the two-month notice period will end part-way through the
eight-Sunday suspension period?
That’s right, so they may be obliged
to work on some Sundays during the eight-Sunday suspension period. For
example, where someone waits until the last day of the pre-Games period - 9
July - to give the two months’ notice, this won’t end until 8 September, so
the first Sunday he or she will have the right not to work will be Sunday 9
September, the last day of the suspension period.
And what about someone who gives
notice after the pre-Games period has ended?
For anyone who gives notice on or
after 10 July, the notice period to opt out reverts to being three
months.
And what about where the notice
period would normally be one month because the employer hasn’t complied with its
obligations to notify the shop worker of the right to opt out of Sunday
working?
The one-month notice period will still
apply where the employer hasn’t complied with its notification
obligations.
What happens when the suspension
period ends? Will a shop worker who has opted out automatically be opted back in
to Sunday working?
Ordinarily employees who change their
mind about Sunday working would need to give their employer a written opting-in
notice, and then expressly agree to work on Sundays or particular
Sundays. Under the temporary arrangements, if it is just during the
eight-week suspension period that an employee objects to Sunday working, the
employee can say this in the opting-out notice. The employee will not then
have to give a subsequent opting-in notice to opt back in to Sunday
working. However, the employee would still need expressly to agree Sunday
working arrangements after the end of the suspension period, and these might not
be the same as the employee’s previous arrangements.
Back to top
XpertHR quick
reference
Temporary Sunday working opt-out rules
during Olympics Where given during a "pre-Games period" running to 9
July, the notice for shop workers employed in large shops to opt out of Sunday
working will expire after two months, or on 21 July if this is later. We
set out in a table when notice given during this pre-Games period will
expire.
Back to top
XpertHR
Liveflo
Sunday
working: Deal with a shop or betting worker's notice to opt out of Sunday
working Use this workflow when you receive notice from a "non-protected"
shop or betting worker that he or she wishes to opt out of Sunday
working.
Sunday
working: Explain right to object to Sunday working to a non-protected shop or
betting worker Use this workflow when a newly recruited shop or betting
worker is, or may be, required to work on Sundays, or a previously "protected"
or opted-out worker opts in to Sunday working.
Back to top
XpertHR
policies and documents
Letter explaining the temporary change to
the right of shop workers in large shops to opt out of Sunday working during the
Olympic and Paralympic Games Use this model letter to provide a shop
worker in a large shop who can be required to work on Sundays with information
on the temporary change to his or her rights to opt out of Sunday working as a
result of the Olympic and Paralympic Games.
Model letter explaining shop and betting
workers' rights to opt out of Sunday working Use this model letter to
provide a shop worker or betting worker who can be required to work on Sundays
with information on the right to opt out of Sunday working. This may be a
new employee or one who has opted in to Sunday working.
Letter acknowledging Sunday working
opt-out notice from shop or betting worker Use this model letter to
acknowledge a Sunday working opt-out notice from a shop or betting
worker.
Back to top
XpertHR
FAQs
XpertHR answers frequently asked
questions on the right of shop and betting workers to opt out of Sunday
working:
Back to
top
More resources on this topic from XpertHR
The questions in full
For most employees, whether or not
they are required to work on Sundays is going to be down to their contract of
employment. But there are special rules for shop and betting workers dating
back to when Sunday trading was legalised in the 1990s, aren’t there?
Yes. Basically, some shop and
betting workers fall into the category of “protected workers” and cannot be
required to work on Sundays either because they have been employed in the same
role by the same employer since the law changed or because of the terms of their
contract.
What about shop and betting workers
who aren’t protected?
So long as they are not employed to
work only on Sundays, shop and betting workers who are, or may be, required to
work on Sundays can opt out of Sunday working. They can do this by giving
written notice that they object to Sunday working. So long as the employer
provided a statement setting out their right to opt out of Sunday working within
two months of their becoming such a shop or betting worker (as a new employee or
as a previously protected individual who opted in to Sunday working), the
opt-out will take effect after three months. If the employer failed to do
this, the opt-out becomes effective after one month.
Although Sunday trading has been
permitted since the 1990s, for large shops, ie those with a relevant floor area
of over 280 square metres, it is restricted to six hours of trading between the
hours of 10am and 6pm. This is where the Government’s temporary change
during the Olympics and Paralympics comes in isn’t it?
That’s right. The restrictions on
Sunday trading for large shops are being lifted for eight Sundays beginning with
Sunday 22 July 2012 and ending with Sunday 9 September 2012. After that
period, the normal Sunday trading restrictions will once more apply.
Presumably many large shops are
going to take advantage of the restrictions being lifted to boost sales over
this period. Some employees working in these shops are obviously going to
want to make the most of being able to work different or extra hours but some
won’t. Are they still going to have the right to opt out of Sunday
working?
Yes, this right remains. In fact,
because of the short timetable before the Olympics start, the Government has
temporarily reduced the notice that shop workers in large shops have to give to
opt out of Sunday working.
How much notice will they need to
give?
A pre-Games period has been specified,
beginning on 1 May and ending on 9 July. If a shop worker in a large shop
gives notice to opt out of Sunday working in this pre-Games period, the notice
will end after two months, or on Saturday 21 July if that is later. This
means that the notice period for anyone who gives notice to opt out between 1
May and 22 May will end on 21 July. The opt-out will therefore begin on
Sunday 22 July, the first day of the eight-Sunday suspension period.
So any employees who want to be
sure of not having to work on any of the eight Sundays during the suspension
have to give their notice by 22 May at the latest. And for employees who
give notice between 23 May and 9 July, which is the last day of the pre-Games
period, presumably the two-month notice period will end part-way through the
eight-Sunday suspension period?
That’s right, so they may be obliged
to work on some Sundays during the eight-Sunday suspension period. For
example, where someone waits until the last day of the pre-Games period - 9
July - to give the two months’ notice, this won’t end until 8 September, so
the first Sunday he or she will have the right not to work will be Sunday 9
September, the last day of the suspension period.
And what about someone who gives
notice after the pre-Games period has ended?
For anyone who gives notice on or
after 10 July, the notice period to opt out reverts to being three
months.
And what about where the notice
period would normally be one month because the employer hasn’t complied with its
obligations to notify the shop worker of the right to opt out of Sunday
working?
The one-month notice period will still
apply where the employer hasn’t complied with its notification
obligations.
What happens when the suspension
period ends? Will a shop worker who has opted out automatically be opted back in
to Sunday working?
Ordinarily employees who change their
mind about Sunday working would need to give their employer a written opting-in
notice, and then expressly agree to work on Sundays or particular
Sundays. Under the temporary arrangements, if it is just during the
eight-week suspension period that an employee objects to Sunday working, the
employee can say this in the opting-out notice. The employee will not then
have to give a subsequent opting-in notice to opt back in to Sunday
working. However, the employee would still need expressly to agree Sunday
working arrangements after the end of the suspension period, and these might not
be the same as the employee’s previous arrangements.
XpertHR quick reference
Temporary Sunday working opt-out rules
during Olympics Where given during a "pre-Games period" running to 9
July, the notice for shop workers employed in large shops to opt out of Sunday
working will expire after two months, or on 21 July if this is later. We
set out in a table when notice given during this pre-Games period will
expire.
XpertHR Liveflo
Sunday
working: Deal with a shop or betting worker's notice to opt out of Sunday
working Use this workflow when you receive notice from a "non-protected"
shop or betting worker that he or she wishes to opt out of Sunday
working.
Sunday
working: Explain right to object to Sunday working to a non-protected shop or
betting worker Use this workflow when a newly recruited shop or betting
worker is, or may be, required to work on Sundays, or a previously "protected"
or opted-out worker opts in to Sunday working.
XpertHR
policies and documents
Letter explaining the temporary change to
the right of shop workers in large shops to opt out of Sunday working during the
Olympic and Paralympic Games Use this model letter to provide a shop
worker in a large shop who can be required to work on Sundays with information
on the temporary change to his or her rights to opt out of Sunday working as a
result of the Olympic and Paralympic Games.
Model letter explaining shop and betting
workers' rights to opt out of Sunday working Use this model letter to
provide a shop worker or betting worker who can be required to work on Sundays
with information on the right to opt out of Sunday working. This may be a
new employee or one who has opted in to Sunday working.
Letter acknowledging Sunday working
opt-out notice from shop or betting worker Use this model letter to
acknowledge a Sunday working opt-out notice from a shop or betting
worker.
XpertHR
FAQs
XpertHR answers frequently asked
questions on the right of shop and betting workers to opt out of Sunday
working:
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