sunday working.

[guspoppy]

hello , i need a bit of advice.

my employer wants me to work a few sundays. i do not want to work on sunday due to family . i have been told if i opt out they will take 7.5 hours out of my pay as they would have to employ someone else to take my place just for that day. (7.5 is how many i would work on a sunday ) . can they do this? ive been there for 12 years , work in retail and have never known they can do this. one of my co workers has been told the same and he been there for 29 years , so its not just me .

thanks..x

[miliitant]

Re: sunday working.

what does your contract of employment state on working hours

they cant take money out of your wages, s.13 employment rights act

how many sundays are we talking and how much notice will they give

has the employer asked for volunters

how many hours a week do you work now over how many days


If you were working for your employer before 26^th August 1994

You cannot be forced to work on Sundays if you do not want to even if you had worked or agreed to work on Sundays before. You are classed as a “protected worker” and are protected against unfair dismissal and detrimental treatment if you refuse to work on Sundays.

if your contract does not state Sunday working is or may be expected, you are a “protected worker”. You automatically have the right not to work on Sundays and have protection against unfair dismissal.


Opting out of Sunday work

If you are expected to work on Sunday, you have the right to “opt out” of Sunday work unless you are a “Sunday only” worker. To opt out you must give 3 months’ notice in writing that you object to working on Sundays and sign and date the notice (see below for exception to 3 month notice). After the three months’ notice your employer cannot force you to work on Sundays. “Opted out” workers have protection against unfair dismissal and detrimental treatment.

Opting in to Sunday work

If you are a “protected” or “opted-out” worker you can “opt in” to do Sunday work. You must put in writing that you do not object to working on Sundays, sign and date the letter (this is an “opting in” notice) and agree with your employer what Sunday working you are prepared to do. If you do this you lose your right to refuse to work on Sunday and you would have to give a notice of opting out if you wanted to stop working on Sundays.

You could just agree to work on occasional Sundays without giving an opting in notice. This would mean you would not lose your “protected worker” status. You need to be careful that this does not become regular and replace weekday hours. If it does then you might have problems later if you want to stop working Sundays and want your weekday hours back.

[guspoppy]

Re: sunday working.

my employers said its just for xmas as its busy.
they said they can take 7.5 hours from me each week if i opt out of sunday...whether they want me in sunday or not.
they said it was a deterrant to stop others opting out.
i work 30 hours 5 days a week . contract says i can opt out of sundays by giving notice. they didnt ask for volunteers as they said we would have crefused...not actualy knowing if anyone would have said yes.

[miliitant]

Re: sunday working.

just give notice as stated above, they cant deduct wages either

but please put it in writing and email your opt out

what does your contract state about working hours and days

[michael]

Re: sunday working.

How is it that you are being asked to worked 7.5 hrs on a Sunday when shops can only open for 6 hrs, (usually 10-4 or 11-5)

And is this an addtional 7.5 hrs or will you only be working 22.5 hrs during the rest of the week (ie you'll still be working 30hrs in total)