This factsheet explains the rules for Sunday working. These rules came into force in 1994 and covers all shop workers including managers, office staff, warehouse workers, cashiers, shelf-fillers, cleaners etc. and part-time workers.

If you were working for your employer before 26^th August 1994

You cannot be forced to work on Sundays if you do not want to even if you had worked or agreed to work on Sundays before. You are classed as a “protected worker” and are protected against unfair dismissal and detrimental treatment if you refuse to work on Sundays.

If you were employed on or after 26^th August 1994

If your contract does not state Sunday working is or may be expected, you are a “protected worker”. You automatically have the right not to work on Sundays and have protection against unfair dismissal.

Opting out of Sunday work

If you are expected to work on Sunday, you have the right to “opt out” of Sunday work unless you are a “Sunday only” worker. To opt out you must give 3 months’ notice in writing that you object to working on Sundays and sign and date the notice (see below for exception to 3 month notice). After the three months’ notice your employer cannot force you to work on Sundays. “Opted out” workers have protection against unfair dismissal and detrimental treatment.

Opting in to Sunday work

If you are a “protected” or “opted-out” worker you can “opt in” to do Sunday work. You must put in writing that you do not object to working on Sundays, sign and date the letter (this is an “opting in” notice) and agree with your employer what Sunday working you are prepared to do. If you do this you lose your right to refuse to work on Sunday and you would have to give a notice of opting out if you wanted to stop working on Sundays.

You could just agree to work on occasional Sundays without giving an opting in notice. This would mean you would not lose your “protected worker” status. You need to be careful that this does not become regular and replace weekday hours. If it does then you might have problems later if you want to stop working Sundays and want your weekday hours back.

Exception to 3 month notice to opt out

If you “opt in” to working on Sunday, your employer should give you a “Written explanatory statement” that explains your right to opt out. If your employer does not do this within two months of you agreeing to work Sundays, then if you decide you want to opt out of Sunday work, you will only have to give one month’s notice and not three.

Sunday-only

If you are employed to work only on Sundays, then you will not have the right to opt out of Sunday working.

If the only or main reason for your dismissal is because you refused to work on Sundays and you are a “protected” or an “opted-out” worker, you can claim unfair dismissal. You are also covered if you are dismissed for proposing to refuse to do work on Sundays. This means workers who have given notice to “opt out” of Sunday work should not be dismissed for having given notice.

Selection for redundancy

You should not be selected for redundancy for refusing or proposing to refuse to work on Sundays.

If you are dismissed or selected for redundancy you can claim unfair dismissal at an Employment Tribunal no matter how long you have worked for an employer or how many hours a week you work.

Detrimental treatment

If you refuse or propose to refuse to work on Sundays you are protected against detrimental treatment. This means being treated worse than other workers because you refuse to work on Sundays e.g. not being considered for promotion.

Enforcing your rights

You are protected from victimisation and can take a claim about this to Tribunal also. Before you do so you should first of all send a grievance letter to your employer; see our factsheet on Grievances for guidance on how to do this.

Extra payments for Sunday work

If you have always had extra payments for working on Sundays, then this is part of your terms and conditions. Your employer cannot change this without your agreement. If your employer tries to do this, it would be classed as an illegal deduction from wages and you could take action through the Employment Tribunal (See our factsheets on “Deductions from Wages” and “Employment Tribunals”).

If you are going to be working on Sunday, you should try and negotiate for extra pay (double time or time and a half). Once it is agreed, this becomes part of your terms and conditions and can’t be changed without your agreement. You should try to get this in writing.

Trade Unions

Trade Unions can help protect workers’ rights, be involved in negotiating better pay and conditions and can advise/represent workers. If you don’t already have a union at work, you could contact the shop workers’ union for more information: USDAW  0161 224 2804/0161 249 2400 or visit the website usdaw.org.uk.

Rules for Sunday Opening

• A Shop

Under the Act, a “shop” is classed as any premises where retail trade or business is carried out. This includes businesses such as hairdressers and also includes premises that are open for wholesale trade if they are also retail outlets. If you are not sure whether your place of work is covered, contact your local authority Environmental Health Department.

• Small Shops

There are no restrictions on the hours that small shops can open.

• Large Shops

Under the Sunday Trading Act, large shops (with floor areas over 280 sq. metres) are allowed to open on Sundays for up to six continuous hours between 10.00am and 6.00pm but they have to apply to do this. Some large shops are exempt from the six hour limit e.g. registered pharmacies, shops in train stations and airport shops.

If large shop owners want to open on Sundays, they must put in writing to their local authority that they intend to open. They must give 14 days’ notice. They must state the actual hours that they want to open. Shop owners could be fined up to £50,000 if they do not follow these rules. Large shops must display a notice that states the hours they are allowed to open. If they do not do this, they can be fined up to £500.

Local authorities should keep a register of large shops that have notified them that they intend to open on Sundays. This should include the name and address of the shop and the hours of opening and must be “reasonably available” for the public to see.

• Loading & Unloading

Loading and unloading before 9.00am on Sundays can only be done if the shop has got permission from the local authority. Shops must apply in writing for permission. Local authorities should reply within 21 days. Large shops breaking the loading/unloading law can be fined up to £1,000. If the loading or unloading has caused “undue annoyance” to local residents, the local authority can take back its permission.

Enforcement

Local authority inspectors will have the right to:

• Enter premises in their area to make sure the law is not being broken.
• Inspect and copy any relevant records and take photographs or details thought necessary.

This factsheet is not a full statement of the law. Before taking any action, it would be best to take advice from us, an advice centre, your union or a law centre.

Greater Manchester Pay and Employment Right Advice Service is an independent research and information body funded by all local authorities in Greater Manchester under the AGMA grants scheme

August 2010