What are the consequences of not informing shop and betting workers of their right to opt out of Sunday working?

Within two months of recruiting a shop or betting worker, other than one employed to work only on Sundays, an employer must provide him or her with a written explanatory statement, in the form prescribed by s.42 of the Employment Rights Act 1996, advising the worker of his or her right to opt out of Sunday working, and the procedure for doing so. The duty to provide a statement within two months also applies when an existing worker opts in to Sunday working.

If an employer does not inform a worker of his or her right as required, the worker may opt out of Sunday working by giving the employer one month's written notice of his or her intention to do so, rather than the three months' notice otherwise required. However, if the employee submits an opting-out notice before the end of the two-month period within which the employer must provide the explanatory statement, 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.