Contractual requirements relating to Sunday work
3.—(1) Any contract of employment under which a shop worker who satisfies paragraph 2(2)(a) was employed on the day before the commencement date is unenforceable to the extent that it—
(a)requires the shop worker to do shop work on Sunday on or after that date, or
(b)requires the employer to provide the shop worker with shop work on Sunday on or after that date.
(2) Subject to paragraph (3), any agreement entered into after the commencement date between a protected shop worker and his employer is unenforceable to the extent that it—
(a)requires the shop worker to do shop work on Sunday, or
(b)requires the employer to provide the shop worker with shop work on Sunday.
(3) Where, after giving an opting-in notice, a protected shop worker expressly agrees with his employer to do shop work on Sunday or on a particular Sunday (and so ceases to be protected), his contract of employment shall be taken to be varied to the extent necessary to give effect to the terms of the agreement.
(4) The reference in sub-paragraph (2) to a protected shop worker includes a reference to an employee who although not a protected shop worker at the time when the agreement is entered into is a protected shop worker on the day on which she returns to work in accordance with Article 111 of the Employment Rights Order, or in pursuance of an offer made in the circumstances described in Article 128(3) of that Order, after a period of absence from work occasioned wholly or partly by pregnancy or childbirth.
(5) For the purposes of paragraph 2(2)(b), the appropriate date—
(a)in relation to sub-paragraphs (2) and (3), is the day on which the agreement is entered into; and
(b)in relation to sub-paragraph (4), is the day on which the employee returns to work.