Sunday Working Act/Employment Rights Act - Applicable to Wholesale?

[robert_harvey07]

Hi,

 

I'm just looking for some advice here as I'm a little confused!

 

I was hoping to use the above named acts to state that I no longer wished to work on a Sunday.

 

However, during a conversation with a colleague at work today (I work in a wholesaler) and they said that an employee had tried to use the legislation to opt-out of working Sundays, but the request was refused on the grounds that as we are a wholesaler, and not a shop, we are exempt from the legislation.

 

Can anyone shed any light on this as to whether this is true?

 

I've tried searching online, but there doesn't seem to be a definitive answer.

 

Thank you in advance.

[Bigredbus]

Sunday Trading Act 1994 -

 

(2) Where premises are used mainly for purposes other than those of retail trade or business and would not apart from sub-paragraph (1) (above) be regarded as a shop, only such part of the premises as—

(a) is used wholly or mainly for the purposes of retail trade or business, or

(b) is used both for the purposes of retail trade or business and for the purposes of wholesale trade and is used wholly or mainly for those two purposes considered together,

is to be regarded as a shop for the purposes of this Schedule.

 

Therefore your colleague is right...

Edited April 8, 2010 by Bigredbus

[robert_harvey07]

Sunday Trading Act 1994 -

 

(2) Where premises are used mainly for purposes other than those of retail trade or business and would not apart from sub-paragraph (1) (above) be regarded as a shop, only such part of the premises as—

(a) is used wholly or mainly for the purposes of retail trade or business, or

(b) is used both for the purposes of retail trade or business and for the purposes of wholesale trade and is used wholly or mainly for those two purposes considered together,

is to be regarded as a shop for the purposes of this Schedule.

 

Therefore your colleague is right...

 

Hmm, I'm reading the above information quite differently:

 

(b) is used both for the purposes of retail trade or business and for the purposes of wholesale trade and is used wholly or mainly for those two purposes considered together,

is to be regarded as a shop for the purposes of this Schedule.

 

To me, that states that the my place of work would be regarded as a shop, for the purposes of this schedule, and therefore the act would be applicable.

 

No? Or am I just being rather foolish!?

[honeybee13]

Well, in your OP, you said you work for a wholesaler. Are you saying that the premises is part shop as well?

 

HB