2Opting out of Sunday work
(1)
Where a shop worker gives an opting-out notice in the pre-Games period that relates to work at an exempted large shop, section 41(3) of the Employment Rights Act 1996 has effect as if the notice period in relation to the shop worker were the period which—
(a)
begins with the day on which the notice is given, and
(b)
ends two months after that day, or with Saturday 21 July 2012 (if that is later).
(2)
Section 42(2) of that Act accordingly has effect in relation to the shop worker as if the reference to three months were a reference to the notice period as it is modified by subsection (1).
(3)
Where the opting-out notice includes an express statement to the effect that the shop worker objects to Sunday working only during the suspension period, the shop worker is to be treated for the purposes of that Act as having given an opting-in notice at the end of that period.
(4)
The “pre-Games period” is the period which—
(a)
begins with the day on which this Act is passed, and
(b)
ends with Monday 9 July 2012.
(5)
An “exempted large shop” is a shop to which paragraph 2(1) of Schedule 1 to the Sunday Trading Act 1994 would apply during the suspension period were it not for the disapplication made by section 1(1).
(6)
In this section—
“opting-in notice”, “opting-out notice” and “shop worker” each have the same meaning as in the Employment Rights Act 1996, and
“suspension period” has the meaning given in section 1(3).