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Legislation
Employment Rights Act 1996

Crossheading Opting-out of Sunday work

  • Section 40 Notice of objection to Sunday working.
  • Section 41 Opted-out shop workers and betting workers.
  • Section 41A Notice of objection by shop workers to working additional hours on Sunday
  • Section 41B Explanatory statement: persons who become shop workers
  • Section 41C Explanatory statement: shop workers at commencement date
  • Section 41D Failure to give explanatory statement under section 41B or 41C
  • Section 42 Explanatory statement : betting workers.
  • Section 43 Contractual requirements relating to Sunday work : opting-out notices.
  • Section 43ZA Contractual requirements relating to working additional hours on Sundays: objection notices
  • Section 43ZB Interpretation
  1. Opting-out of Sunday work
  2. Explanatory statement: persons who become shop workers

Section 41B | Explanatory statement: persons who become shop workers F1

From legislation.gov.uk

(1)This section applies where a person becomes a shop worker who, under a contract of employment, is or may be required to do shop work on Sundays.

(2)The employer must give to the shop worker a written statement informing the shop worker of the following rights—

(a)the right to object to working on Sundays by giving the employer an opting-out notice (if section 40 applies to the shop worker);

(b)the right to object to doing shop work for additional hours on Sundays by giving the employer an objection notice.

(3)The statement must be given before the end of the period of two months beginning with the day on which the person becomes a shop worker as mentioned in subsection (1).

(4)An employer does not fail to comply with subsections (2) and (3) in a case where, before the end of the period referred to in subsection (3), the shop worker has given to the employer an opting-out notice (and that notice has not been withdrawn).

(5)A statement under this section must comply with such requirements as to form and content as regulations may provide.

(6)Regulations under this section may make different provision for different purposes.

Notes

  1. F1

    Ss. 41A-41D inserted (4.5.2016 for specified purposes) by Enterprise Act 2016 (c. 12), s. 44(1)(d), Sch. 5 para. 3

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