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Documents regarding Sunday Working

July 2014
Some employers may not be aware of their obligations to employees in respect of Sunday working. In most cases an employee will be required to work on Sundays if the terms of their employment contract require them to. However for shop and betting industry workers special rules apply. Such workers are able to opt-out of Sunday working even if their contract of employment requires them to work on Sundays. The employer has an obligation to tell such employees of this right within two months of the start of the employment.

To make it easier for employers to comply with these rules Simply-Docs has added new documents for use by employers of shop workers who are, or may be, required to work on Sundays. These can be used in conjunction with the contracts of employment for retail workers.

The Letter Advising a Worker of the Right to Opt out of Sunday Working explains that written notice must be given by the employee if he or she wishes to opt out of Sunday working. Within two months of becoming a shop worker who is, or may be, required to work on Sundays, the employee must be given a written statement explaining his or her right to opt out of Sunday work. The Simply-Docs letter complies with his requirement. If the employee decides to opt out of Sunday working, there is also a Letter Acknowledging Sunday Working Opt-out Notice from Shop Worker.

These letters have been drafted for retail workers, but this requirement also applies to betting shop workers.

The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.

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