41ANotice of objection by shop workers to working additional hours on Sunday

1

A shop worker may at any time give to his or her employer a written notice, signed and dated by the shop worker, to the effect that he or she objects to doing shop work for additional hours on Sunday.

2

In this Part—

• “additional hours” means any number of hours of shop work that a shop worker is (or could be) required to work under a contract of employment on Sunday that are (or would be) in excess of the shop worker's normal Sunday working hours;

• “objection notice” means a notice given under subsection (1).

3

The “normal Sunday working hours” of a shop worker are to be calculated in accordance with regulations.

4

Regulations under this section may provide—

a

for the calculation to be determined (for example) by reference to the average number of hours that the shop worker has worked on Sundays during a period specified or described in the regulations;

b

for a calculation of the kind mentioned in paragraph (a) to be varied in special cases;

c

for the right to give an objection notice not to be exercisable in special cases (and subsection (1) is subject to provision made by virtue of this paragraph).

5

Provision under subsection (4)(b) or (c) may, in particular, include provision—

a

about how the calculation of normal Sunday working hours is to be made in the case of a shop worker who has not been employed for a sufficient period of time to enable a calculation to be made as otherwise provided for in the regulations;

b

for the right to give an objection notice not to be exercisable by such a shop worker until he or she has completed a period of employment specified or described in the regulations.

6

But regulations under this section may not include provision preventing a shop worker who has been continuously employed under a contract of employment for a period of one year or more from giving to the employer an objection notice.

7

Regulations under this section may make different provision for different purposes.

41BExplanatory statement: persons who become shop workers

1

This section applies where a person becomes a shop worker who, under a contract of employment, is or may be required to do shop work on Sundays.

2

The employer must give to the shop worker a written statement informing the shop worker of the following rights—

a

the right to object to working on Sundays by giving the employer an opting-out notice (if section 40 applies to the shop worker);

b

the right to object to doing shop work for additional hours on Sundays by giving the employer an objection notice.

3

The statement must be given before the end of the period of two months beginning with the day on which the person becomes a shop worker as mentioned in subsection (1).

4

An employer does not fail to comply with subsections (2) and (3) in a case where, before the end of the period referred to in subsection (3), the shop worker has given to the employer an opting-out notice (and that notice has not been withdrawn).

5

A statement under this section must comply with such requirements as to form and content as regulations may provide.

6

Regulations under this section may make different provision for different purposes.

41CExplanatory statement: shop workers at commencement date

1

This section applies where—

a

under a contract of employment a shop worker is or may be required to do shop work on Sundays, and

b

the shop worker was employed under that contract on the day before the commencement date.

2

The shop worker's employer must give to the shop worker a written statement informing the shop worker of the rights mentioned in section 41B(2).

3

The statement must be given before the end of the period of two months beginning with the commencement date.

4

An employer does not fail to comply with subsections (2) and (3) in a case where, before the end of the period referred to in subsection (3), the shop worker has given to the employer an opting-out notice (and that notice has not been withdrawn).

5

A statement under this section must comply with such requirements as to form and content as regulations may provide.

6

Regulations under this section may make different provision for different purposes.

7

In this section “commencement date” means the date appointed by regulations under section 44 of the Enterprise Act 2016 for the coming into force of section 33 of, and Schedule 5 to, that Act.

41DFailure to give explanatory statement under section 41B or 41C

1

This section applies if an employer fails to give to a shop worker a written statement in accordance with—

a

section 41B(2) and (3), or

b

section 41C(2) and (3).

2

If the shop worker gives to the employer an opting-out notice, the notice period under section 41(3) that applies in relation to the shop worker is varied as follows—

a

if the notice period under that provision would have been one month, it becomes 7 days instead;

b

if the notice period under that provision would have been three months, it becomes one month instead.

3

If the shop worker gives to the employer an objection notice, the relevant period under section 43ZA(2) that applies in relation to the shop worker is varied as follows—

a

if the relevant period under that provision would have been one month, it becomes 7 days instead;

b

if the relevant period under that provision would have been three months, it becomes one month instead.