Sunday working issue

[newmoses]

Can someone please say if an employee contract has to specifically mention the word "sunday" to legally make someone work on a sunday.

 

 

I have looked at sunday working on gov.co.uk and this is what it states:

-GOV.UK Sunday working

Having to work on a Sunday depends on a person’s employment contract.

 

 

There are also special rules for shop workers and people who work in betting.

Check if Sunday working is mentioned in either:

• the employment contract

 

 

• the written statement of terms and conditions A person can’t be made to work on Sundays

unless they and their employer agree and put it in writing (eg change the contract).

Sunday working in shops and betting shops Staff don’t have to work on Sundays

if they’re:

• shop workers who started before 26 August 1994 and are still with the same employer (in Northern Ireland, this is before 4 December 1997)

• betting shop workers who started before 2 January 1995 and are still with the same employer (in Northern Ireland, this is before 26 February 2004)

Employers only have to pay staff a higher rate for working on Sundays if the contract says so.

 

 

All staff should be told about their Sunday working rights when they first start work.

Opting out of Sunday working All shop and betting shop workers can opt out of Sunday working unless Sunday is the only day they have been employed to work on.

 

 

An employee can opt out of Sunday working at any time, even if they have agreed to work on Sundays in their contract.

 

 

The employee must give their employer 3 months’ notice that they want to opt out of Sunday working.

 

 

They must continue to work on Sundays during the 3 month notice period if their employer wants them to.

 

 

An employer who needs staff to work on Sundays must tell them in writing that they can opt out.

They must do this within 2 months of the person starting work

- if they don’t, only 1 month’s notice is needed to opt out.

 

 

Staff who opt out of Sunday working mustn’t be treated unfairly.

 

 

An employee can’t be dismissed or treated in an unfavourable way for choosing not to work on Sundays.

Does the opt out apply to all employees regardless of what field they work in?

 

 

Am I correct in saying that if a contract does not specifically state the word "sunday"

then an employer cannot force the employee to work sundays?

 

 

Am I also correct in saying that if an employer and employee agree that the employee will work sundays,

then it has to be in writing and signed by both parties, and that a new contract has to be created

, or can there just be another document issued in writing,

signed and dated by both parties amending the current terms of the contract that applies to the current contract?.

 

 

And lastly, if an employee wants to stop working sundays,

does that employee have to give 3 months notice in writing to the employer stating this.

Edited October 7, 2015 by dx100uk
added line spacing and blank lines/paragraphs - dx

[Emmzzi]

I do much better on real problems than theoretical ones.

 

What is your actual position?

[SabreSheep]

Essentially this is a self help site where people point people in the right direction.

 

You have asked 3 questions. The answers are also appearing in the same post

 

General rule.

 

AN employer is not obliged to REPLACE any hours that are opted out of under sunday working

[SabreSheep]

Orbiter

 

Bank holidays are not being discussed here

 

https://www.gov.uk/sunday-working

 

"

Opting out of Sunday working

 

All shop and betting shop workers can opt out of Sunday working unless Sunday is the only day they have been employed to work on.

An employee can opt out of Sunday working at any time, even if they have agreed to work on Sundays in their contract."

 

 

 

 

Please remain on topic

[obiter dictum]

Sorry Carried away again

 

I always forget not everyone is full time

[SabreSheep]

Off topic posts unapproved.

 

Please help the OP by sticking to the problem at hand - EG Sunday Working.

 

Regards

SS

[steampowered]

You may read the law on this at http://www.legislation.gov.uk/ukpga/1996/18/contents, read Part IV.

 

You are not correct to think that Sunday working must be stated in an employment contract. This would only apply to shop workers and betting workers who have been with the same employer since the mid 90s. These days the onus is on the employee to serve 3 months’ notice stating that he does not wish to serve Sundays.

 

Also, this protection only applies to shop workers and betting workers. Hence why people need to know the real life circumstances to advise.

 

The brief summary on gov.uk website is very unclear on this and I think it is misleading, as it does not clearly state the limitations on sunday working rights.

[newmoses]

As I am a bus driver, my contract states that my working "Times and days" may be "varied".Am I correct in "assuming" this includes sundays?.Can I opt out of working on a sunday by giving 3 months notice, or does that apply to shop and betting office staff only.

[becky2585]

Newmoses it sounds like your assumption is correct.

 

The Sunday working legislation does have a narrow interpretation and doesn't apply to you, unfortunately. I still find that quirk of law particularly odd, given that any sector employee could wish to decline Sunday working but for some reason are legally unable to!