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Sunday Trading Act 1994

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This is the original version (as it was originally enacted).

7(1)Subject to sub-paragraph (2) below, the dismissal of a protected or opted-out shop worker by his employer shall be regarded for the purposes of Part V of the 1978 Act as unfair if the reason for it (or, if more than one, the principal reason) was that the shop worker refused, or proposed to refuse, to do shop work on Sunday or on a particular Sunday.

(2)Sub-paragraph (1) above does not apply in relation to an opted-out shop worker where the reason (or principal reason) for the dismissal was that he refused, or proposed to refuse, to do shop work on any Sunday or Sundays falling before the end of the notice period.

(3)The dismissal of a shop worker by his employer shall be regarded for the purposes of Part V of the 1978 Act as unfair if the reason for it (or, if more than one, the principal reason) was that the shop worker gave, or proposed to give, an opting-out notice to the employer.

(4)Section 142 of the 1978 Act (contracts for a fixed term) shall not exclude the application of section 54 of that Act (right of employee not to be unfairly dismissed) in relation to any dismissal which is unfair by virtue of sub-paragraph (1) or (3) above.

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