Sunday Trading
Regulations to protect employees
There are regulations in place to protect shop workers and betting workers who wish to exercise their right to object to working on a Sunday. These regulations have been in force in England and Wales since 26th August 1994 and in Scotland since 6th April 2004.
As the law is so specific to the above categories of workers, all other categories of employment are excluded.
There are definitions on what does and does not constitute shop work and betting work but there is no qualifying period of service necessary to attract these rights.
Employees can give a written notice called an 'opting out notice' to their employer objecting to working on a Sunday.
Employees can also, at any time, provide an 'opting in notice' to their employer, signifying a willingness to work on a Sunday.
Employees can gain a remedy through an Employment Tribunal if they are subjected to any detriment on grounds of their refusal to work on Sundays. They are also able to bring a claim if they believe that their dismissal was related to their refusal to work on a Sunday. There is no qualifying period required in order to bring the claim.
However, the protection does not apply to those workers who are specifically employed to work only on a Sunday.
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