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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. Failure to give explanatory statement under section 41B or 41C

Section 41D | Failure to give explanatory statement under section 41B or 41C F1

From legislation.gov.uk

(1)This section applies if an employer fails to give to a shop worker a written statement in accordance with—

(a)section 41B(2) and (3), or

(b)section 41C(2) and (3).

(2)If the shop worker gives to the employer an opting-out notice, the notice period under section 41(3) that applies in relation to the shop worker is varied as follows—

(a)if the notice period under that provision would have been one month, it becomes 7 days instead;

(b)if the notice period under that provision would have been three months, it becomes one month instead.

(3)If the shop worker gives to the employer an objection notice, the relevant period under section 43ZA(2) that applies in relation to the shop worker is varied as follows—

(a)if the relevant period under that provision would have been one month, it becomes 7 days instead;

(b)if the relevant period under that provision would have been three months, it becomes one month instead.

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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