LRD guides and handbook May 2019

Law at Work 2019 - the trade union guide to employment law

Chapter 4

Sunday working 





[ch 4: pages 134-135]

Under the Sunday Trading Act 1994, all shop and betting shopworkers can opt out of Sunday working unless Sunday is their only working day, even if they agreed to work on Sundays in their contract. To opt out, they must give at least three months’ notice, at the end of which the worker can no longer be required to work Sundays.
Employers must give staff written notice of the opt-out right within two months of starting work. Otherwise staff will be allowed to opt out by giving just one month’s notice.



Any shopworker who has been continuously employed since before the law changed to permit Sunday trading (24 August 1994, or 4 December 1997 in Northern Ireland) cannot be required to work Sundays, unless Sunday was their only working day. 





Any shopworker can opt back into Sunday working if they want to. They must not be treated unfavourably for opting not to work on Sundays. 



The Sunday Trading Act 1994 also prohibits large shops from opening at all on Easter Sunday or Christmas Day.



These rights extend to England, Wales and Scotland. There are similar rights in Northern Ireland. 



Proposed changes to Sunday working laws


The Enterprise Act 2016 (Part 7 and Schedule 5) contains planned changes to the rules on Sunday working. These have not yet come into force. If these changes ever do become law, they will bring some added extra flexibility for some shopworkers. Specifically, workers in large shops (those with a floor area exceeding 280 square metres) will have to give one month’s notice (instead of the current three) to opt out of Sunday working. Regulations are needed to bring about these changes. 



Beyond the retail and betting sectors, Sunday working depends on the employment contract. There may also be issues of religious discrimination to consider in some cases, where working hours and practices clash with the faith needs of some workers for religious observance. See page 253, 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. 



A government attempt to liberalise Sunday trading decisions by devolving them to local authorities was defeated in parliament in March 2016 and appears to have been abandoned.