If you run a business that operates on Sundays, then it
is important you make yourself aware of the rules surrounding Sunday working as
there are various obligations you need to adhere to.
In most cases, if you include a clause in an employee’s
contract stating that working on Sundays is a requirement, then they will be
obliged to observe it. However, if you operate within the retail sector or
betting industry, then you will be subject to a different set of rules.
Retail and Betting Sector Sunday Working
In these two sectors, workers are actually allowed to
opt out of working on Sundays, regardless of whether their contracts state they
are required to do so. The one exception to this rule is, if the employee is
only contracted to work on Sundays and no other day, then they won’t be
permitted to opt out.
If you run a business in the retail or betting
industries and have staff wishing to opt out of Sunday working then they are
required to provide you with three months’ notice to do so. During the notice
period you can decide whether you wish for them to continue working on Sundays.
This gives you time to make arrangements for alternative staff to stand in for
their Sunday shifts.
Employer Obligations
As an employer, you also have obligations. Within two
months of an employee starting work with you, you are required by law to notify
of them of their right to opt out of Sunday working. It is wise to have a
standard template letter ready to use. If you fail to provide this
notification, then should an employee decide to exercise their right to opt
out, they will only have to provide you with one month’s notice rather than
three. So it is obviously in your best interests to make the notification.
Avoiding Discrimination Claims
If a member of staff opts out of working on Sundays, be
careful not to treat them unfavourably. If they are dismissed for this reason,
then it is likely you will have an unfair dismissal claim on your hands.
Sunday Working and Rates of Pay
Employees who work on Sundays are often under the
misconception that they are entitled to higher rates of pay compared to
standard working days. However, this is not the case unless their contract
expressly states as such.
If you are in any doubt over your obligations as an
employer concerning Sunday working, your bookkeepers will be able to advise
you on the current regulations.
