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The Shops (Sunday Trading &c.) (Northern Ireland) Order 1997


This is the original version (as it was originally made).

Meaning of “opted-out shop worker”

7.—(1) Subject to sub-paragraph (2), a shop worker is to be regarded as “opted-out” for the purposes of this Schedule if (and only if,)—

(a)he has given his employer an opting-out notice;

(b)he has been continuously employed during the period beginning with the day on which the notice was given and ending with the day which, in relation to the provision concerned, is the appropriate date; and

(c)throughout that period, or throughout every part of it during which his relations with his employer were governed by a contract of employment, he was a shop worker.

(2) A shop worker is not an opted-out shop worker if—

(a)after giving the opting-out notice concerned, he has given his employer an opting-in notice; and

(b)after giving the opting-in notice, he has expressly agreed with his employer to do shop work on Sunday or on a particular Sunday.

(3) In this Schedule “notice period”, in relation to an opted-out shop worker, means, subject to paragraph 8(2), the period of three months beginning with the day on which the opting-out notice concerned was given.

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