2.—(1) Subject to sub-paragraph (5), a shop worker is to be regarded as “protected” for the purposes of any provision of this Schedule if (and only if) sub-paragraph (2) or (3) applies to him.
(2) This sub-paragraph applies to a shop worker if—
(a)on the day before the commencement date, he was employed as a shop worker, but not to work only on Sunday;
(b)he has been continuously employed during the period beginning with that day 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.
(3) This sub-paragraph applies to any shop worker whose contract of employment is such that under it he—
(a)is not, and may not be, required to work on Sunday; and
(b)could not be so required even if the provisions of this Schedule were disregarded.
(4) Where on the day before the commencement date an employee’s relations with his employer have ceased to be governed by a contract of employment, he shall be regarded as satisfying sub-paragraph (2)(a) if—
(a)that day fell in a week which counts as a period of employment with that employer under Article 8(2) or (3) of the Employment Rights Order or under regulations under Article 15 of that Order; and
(b)on the last day before the commencement date on which his relations with his employer were governed by a contract of employment, the employee was employed as a shop worker, but not to work only on Sunday.
(5) A shop worker is not a protected shop worker if—
(a)he has given his employer an opting-in notice on or after the commencement date; and
(b)after giving the notice, he has expressly agreed with his employer to do shop work on Sunday or on a particular Sunday.
(6) In this Schedule “opting-in notice”, in relation to a shop worker, means written notice, signed and dated by the shop worker, in which the shop worker expressly states that he wishes to work on Sunday or that he does not object to Sunday working.