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Sunday Working – how do the rules change for the Olympics?

Shops will be able to open for longer on Sundays between 22 July and 9 September 2012 and employees will be able to give shorter notice than usual to opt out of Sunday working during this period.

New legislation was passed on 1 May 2012 changing the rules for Sunday Trading during the Olympics.  As well as enabling shops to open on Sundays between 22 July and 9 September 2012, it reduces the notice that workers need to give if they wish to opt out of Sunday working during this period.  Usually the necessary notice period is 3 months.

Who does this affect?

This only applies to shop workers: 

What notice does a relevant shop worker need to give to opt out?

If the employer has not served the obligatory written statement explaining how to serve an “opting-out notice”, then the worker need only give one month’s notice of their intention not to work on a Sunday.  Otherwise:

  1. If the worker gives notice between 1 and 22 May 2012 inclusive, the notice period ends on 21 July 2012.
  2. If the worker gives notice between 22 May and 9 July 2012 inclusive, the notice period ends two months after the day on which the notice is given.
  3. If the worker gives notice on 10 July 2012 or later, the notice period of 3 months applies.

The notice must be in writing, signed and dated by the worker and state that the worker objects to Sunday working.  The end of the notice period is the date from which the employee has chosen not to work on a Sunday.

What effect will giving notice have?

Once the notice period has expired, the shop worker has the right not to work on a Sunday.  The employer will not be required to pay workers on Sundays when they don’t work.  The worker cannot be dismissed or subjected to a detriment because they have opted out of Sunday working.

If the notice states that the worker objects to working Sundays during the Olympics period, they will automatically opt back in to Sunday working after 9 September 2012.

Contact Information

Hazel Robbins, Solicitor

hazel@floydgraham.co.uk

+ 44 (0) 1604 871143 

This update is for general guidance only and does not constitute definitive advice.

Updated: by FG Solicitors
Call us on:  0808 172 93 22

SUNDAY WORKING € HOW DO THE RULES CHANGE FOR THE OLYMPICS?

Shops will be able to open for longer on Sundays between 22 July and 9 September 2012 and employees will be able to give shorter notice than usual to opt out of Sunday working during this period.

New legislation was passed on 1 May 2012 changing the rules for Sunday Trading during the Olympics.  As well as enabling shops to open on Sundays between 22 July and 9 September 2012, it reduces the notice that workers need to give if they wish to opt out of Sunday working during this period.  Usually the necessary notice period is 3 months.

Who does this affect?

This only applies to shop workers: 

  • that work in “large shops” that are normally subject to restrictions on their trading hours on Sunday;
  • who are not employed to work only on Sunday;
  • who have not currently opted out of working on Sunday; and
  • whose employer has given them a written statement explaining the steps they must follow to serve an “opting-out notice” within 2 months of the worker becoming entitled to opt out.

What notice does a relevant shop worker need to give to opt out?

If the employer has not served the obligatory written statement explaining how to serve an “opting-out notice”, then the worker need only give one month’s notice of their intention not to work on a Sunday.  Otherwise:

  1. If the worker gives notice between 1 and 22 May 2012 inclusive, the notice period ends on 21 July 2012.
  2. If the worker gives notice between 22 May and 9 July 2012 inclusive, the notice period ends two months after the day on which the notice is given.
  3. If the worker gives notice on 10 July 2012 or later, the notice period of 3 months applies.

The notice must be in writing, signed and dated by the worker and state that the worker objects to Sunday working.  The end of the notice period is the date from which the employee has chosen not to work on a Sunday.

What effect will giving notice have?

Once the notice period has expired, the shop worker has the right not to work on a Sunday.  The employer will not be required to pay workers on Sundays when they don’t work.  The worker cannot be dismissed or subjected to a detriment because they have opted out of Sunday working.

If the notice states that the worker objects to working Sundays during the Olympics period, they will automatically opt back in to Sunday working after 9 September 2012.

Contact Information

Hazel Robbins, Solicitor

hazel@floydgraham.co.uk

+ 44 (0) 1604 871143 

This update is for general guidance only and does not constitute definitive advice.