Updating author: Marc Meryon

On this page:
Summary
Future developments
Action point checklist
Key references
Questions and answers
The legal background
Meaning of "shop worker", "shop work" and "shop"
Meaning of "betting worker" and "betting work"
Protected shop and betting workers
Forfeiture of protected status
Opted-out workers
Explanatory statement
Protection from detriment
Unfair dismissal or selection for redundancy

Summary

3.567

• Protected shop or betting workers have the right to refuse to work on Sundays, even if they have previously entered into a contract requiring them to do so. (See 3.572 Protected shop and betting workers)
• Protected shop and betting workers will forfeit their protected status if they give their employer an opting-in notice and enter into an express agreement to work on Sundays. (See 3.573 Forfeiture of protected status)
• Shop and betting workers who are not protected, or those who have forfeited their protected status, have the right to opt out of Sunday working by giving their employer three months' written notice of their intention to do so. (See 3.574 Opted-out workers)
• Within two months of recruiting a shop or betting worker, an employer must advise the new recruit in writing of his or her right to opt out of Sunday working. (See 3.575 Explanatory statement)
• An employee who is a protected or opted-out shop or betting worker has the right not to be victimised or subjected to any other detriment short of dismissal for refusing, or proposing to refuse, to work on a Sunday or opting out, or proposing to opt out, of Sunday work. (See 3.576 Protection from detriment)
• A protected or opted-out shop or betting worker who is dismissed or selected for redundancy for refusing, or proposing to refuse, to do shop work or betting work on a Sunday, or for opting out, or proposing to opt out, of Sunday work may complain to an employment tribunal. (See 3.577 Unfair dismissal or selection for redundancy)

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Future developments

3.568 There are no future developments.

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The legal background

3.569 Since 26 August 1994, when the relevant provisions of the Sunday Trading Act 1994 came into force, shop workers in England and Wales have enjoyed the legal right not to work on Sundays.