Sunday working issue

[tickymicky]

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.

[MIKE770]

Re: Sunday working issue

Oh! Sunday working, O.K.. turn off TV , games, water, electric. gas , close pubs , churches, garages/engines, what a wimp society this country is getting too if not work certain days, of course we did not get free money such as tax credits etc etc etc, child allowance (very little) covered expensive uniforms for school ( usually via the Tally man) & school dinners etc, so we worked all the hours as our forefathers did to survive, what ever next. be asking for 4 month holidays soon (paid),. no wonder Governments/civil servants run around the populous.

[stevemLS]

Re: Sunday working issue

I would find it helpful if OP could actually ask a question relating to a concrete rather than hypothetical situation. (Pref with some para breaks).

[R0b]

Re: Sunday working issue

Oh! Sunday working, O.K.. turn off TV , games, water, electric. gas , close pubs , churches, garages/engines, what a wimp society this country is getting too if not work certain days, of course we did not get free money such as tax credits etc etc etc, child allowance (very little) covered expensive uniforms for school ( usually via the Tally man) & school dinners etc, so we worked all the hours as our forefathers did to survive, what ever next. be asking for 4 month holidays soon (paid),. no wonder Governments/civil servants run around the populous.

Quite an assumption there, without knowing full details and reasons as to why they don't wish to work a Sunday :grin:.

Opting out of Sunday working is limited to certain types of jobs, for example retail shop employees count (I think employees of pubs count too but don't quote me). If Sunday working is in your contract You give 3 month's notice in writing signed and dated, objecting to you working on a Sunday. If your employer requires you to work on a Sunday during the 3 month period I believe you are required to do so and after the 3 month period has ended then you cannot be dismissed because of this as it automatically counts as unfair dismissal.

Of course if it doesn't explicitly state Sunday working then you are free to refuse.