SUNDAY TRADING ACT 1994

The Act allows small shops, those with a floor area for the display, sales and serving of goods of not more than 280 square metres, to open freely on Sundays. Larger shops may open for any six continuous hours, between 10am and 6pm. There are exemptions from this six hour limit for certain types of large shop.

The Rights
The Act gives all shop workers in England and Wales, except those employed to work only on Sundays, the following rights:

* the right not to be dismissed for refusing to work on Sundays.
* the right not to be selected for redundancy for refusing to work on Sundays.
* the right not to suffer any other detriment for refusing to work on Sundays. Detriment is not defined in the Act but could include, for example, denial of overtime, promotion or training opportunities.

Who qualifies and how?
The Act applies to those who are employed to work in or about a shop in England and Wales. The rights extend to all shop workers whose contracts of employment require them, or who are asked, to do shop work on a Sunday on which the shop is open. They apply irrespective of age, length of service or hours of work. However, they do not apply to those who work only on Sundays and not on other days.

Some shop workers qualify for these rights automatically. There is nothing they need do to become eligible for them. They can simply tell their employer that they do not wish to work on Sundays. Such workers can only give up their right not to work on Sundays only by giving their employer a signed and dated written "opting in notice", stating that they wish to work on Sunday or that they do not object to working on Sundays. They must then enter into an express agreement with their employer saying what shop work on Sundays or on a particular Sunday they are agreeing to do.

Other shop workers will be able to opt out of Sunday working at any time but they will need to give their employer a written notice and then serve a three month notice period. During the three month period they will still be obliged to do the Sunday work their contract provides for if their employer wants them to do it. The right not to work on Sundays applies as from the end of the three month period. This opting out procedure is described below.

Who qualifies automatically?
All shop workers who were employed when the Act came into force, even those who had previously agreed to a contract requiring them to work on Sunday. Any shop workers recruited after the law changed and whose contract of employment does not require Sunday working but whose employer asks them to work on Sundays.

Who needs to serve a three month notice period?
Shop workers who enter into a contract requiring Sunday working after the law changed, for example all new recruits who agree to do shop work on Sundays.

How to opt out of Sunday shop work
Shop workers who enter into a contract which requires Sunday working after the law changes but later decide that they no longer wish to do it have the right to "opt-out" of Sunday working. To do this they must simply give their employer a signed and dated written notice saying that they object to Sunday working. They do not have to give any reason. They must then serve a three month notice period. During this period they will still be obliged to do the Sunday shop work their contract of employment provides for if their employer wants them to do it.

However, the Act provides that shop workers may not be dismissed or subjected to any other detriment by their employer during the notice period for giving an opting out notice. Once the three month notice period has ended, the shop worker has the right not to do Sunday shop work. The right to opt out is a continuing one. So any shop worker who opts in to Sunday working will have the right to opt out again.

How the rights are enforced
Shop workers who consider their rights have been infringed can make a complaint to an employment tribunal. Shop workers may first accept help from the Advisory, Conciliation and Arbitration Service (ACAS) and a conciliation officer will then seek to get the employer and employee to reach an agreement. ACAS will offer its help automatically once a complaint is registered with the Employment Tribunal Office.

Explanatory statement
The Sunday Trading Act requires employers to give every shop worker who enters into a contractual agreement to work on Sundays after the Act came into force a written explanatory statement setting out their right to opt out. If an employer does not issue this statement within two months of the worker entering into such a contractual agreement, the opt out notice period is reduced from three months to one month.

Sunday trading law for employees
You have become employed as a shop worker and are or can be required under your contract of employment to do the Sunday work your contract provides for. However, if you wish you can give a notice, as described in the next paragraph, to your employer and you will then have the right not work in or about a shop on any Sunday on which the shop is open once three months have passed from the date on which you give the notice.

Your notice must -

* be in writing
* be signed and dated by you
* say that you object to Sunday working

For three months after you give the notice, your employer can still require you to do all the Sunday work your contract provides for. After the three month period has ended, you have the right to complain to an employment tribunal if, because of your refusal to do work on Sunday's on which the shop is open, your employer dismisses you, or does something else detrimental to you, for example failing to promote you. Once you have the rights described, you can surrender them only by giving your employer a further notice, signed and dated by you, saying that you wish to work on a Sunday or that you do not object to Sunday working and then agreeing with your employer to work on Sundays or on a particular Sunday.

Dismissal for refusing to do shop work on a Sunday
The Sunday Trading Act 1994 gives shop workers the right not to be dismissed, selected for redundancy or subjected to other detrimental action for refusing or proposing to refuse to work on Sundays. Employees who were in their current employment at the time the Act came into force (August 26 1994) generally have these rights automatically. Employees who subsequently enter into a contractual agreement to do shop work on Sundays, either by formally "opting-in" to Sunday working or by taking up a new job which requires Sunday working, can generally qualify for these rights by "opting-out" of Sunday working, subject to a three month notice period. There is no qualifying period of service or age limit for employees who wish to complain that they have been dismissed for these reasons.

For further information see the document Sunday shop and betting work: employees rights (PL960) available from Employment Service Jobcentres.