Are employers required to inform shop and betting workers of their right to opt out of Sunday working?
Yes. Within two months of recruiting a shop or betting worker, other than one employed to work only on Sundays, an employer must advise the new recruit in writing, in the form prescribed by s.42 of the Employment Rights Act 1996, of his or her right to opt out of Sunday working, and the procedure for doing so.
The employer's duty to inform the worker of his or her right to opt out also applies to workers who opt in to Sunday working (ie those who were previously "protected" or who had opted out of Sunday working). The employer must inform the worker in writing within two months of him or her opting in.
If the employer fails to inform the worker in accordance with s.42, the worker's opt-out notice period is reduced from three months to one. However, if the employee submits an opting-out notice during the two-month period (ie before the employer has had the opportunity to comply with its obligations under s.42), the employer will not be treated as failing to comply with the requirement to provide the statement and the opt out will become effective after a period of three months.