Sunday working 


Under the Sunday Trading Act 1994, all shop and betting shopworkers can opt out of Sunday working, unless Sunday is their only working day. They can opt out at any time, even if they agreed to work on Sundays in their contract, by giving at least three months’ notice. Once in force, the Enterprise Act 2016 (EA 16) will reduce this notice to one month for workers in larger businesses (Schedule 5, EA 16). At the end of the notice period, the employer can no longer require them to work on Sundays. Employers must give staff written notice of their right to opt out within two months of their employment start date. If they fail to do this, staff only need to give one month’s notice to opt out.


The EA 16 contains new powers which in future will allow shopworkers in all sizes of store to opt out of working more hours on a Sunday than they have recently worked on average. Regulations will be needed to implement this change, but shopworkers' union Usdaw says that it is likely only to help workers who have at least 12 months' service with their current employer.


Staff who were already employed by their employer before the law was first changed to allow Sunday trading (24 August 1994, or 4 December 1997 in Northern Ireland) have the right not to work on Sundays unless it was their only working day.


Either group of workers can opt back Into Sunday working if they want to. They must not be treated unfavourably for opting not to work on Sundays. 


A government attempt to relax the Sunday working laws for retail and betting shop workers by devolving decisions about Sunday trading to local authorities, was defeated in parliament in March 2016. 


In other sectors, whether or not a worker can be required to work on a Sunday depends on their contract of employment. However, employers can also face claims of religious discrimination where working hours and practices are not adjusted in some way to take account of religious observance. See page 233 of Chapter 7: Discrimination.


There is no right to extra pay for Sunday working unless the contract says so. In a unionised workplace, enhanced rates for Sunday working may have been negotiated collectively.