Sunday Working Rights

Various businesses are open on Sundays. The obvious examples are shops, transport, restaurants and leisure facilities. But it doesn't matter what line of work people are in. These days, there's a strong possibility an employer may ask for Sunday working.

Contracts

A contract of employment may include a clause obliging an employee to work on Sundays. This obligation may be a regular commitment or an occasional request. Either way, an employee with such a contract must be ready to work on Sundays.

A written statement of terms and conditions may contain similar wording to a contract. Any employee unsure about Sunday working should read his or her contract or terms and conditions.

An employee with a contract that fails to mention Sunday working does not have to work on Sundays. An employer who wants such an employee to work on Sundays must change the contract.

The employer and the employee must agree to the contract change. An employee is not obliged to accept a change that adds Sunday working to the contract terms.

When a contract does not include Sunday working, any attempt by an employer to make an employee work on Sundays is a breach of contract.

Retail Workers and Those in the Betting Industry

Special Sunday rules apply to people who work in shops or in the betting industry. The contracts may say that employees must work on Sundays, but employees have a right to opt out. Employers must inform staff about this right within two months of taking them on.

Anyone who wants to take the Sunday opt-out must put a request in writing. The employer has a right to three months' written notice.

Employers do not have to offer alternative work to those who opt out of Sunday working. An opt-out does not affect the security of a job, however. The law does not allow employers to sack shop and betting industry workers who use the Sunday opt-out rule.

Long-Term Shop and Betting Industry Workers

Other Sunday rules apply to long-term shop and betting industry workers. Long-term shop workers are those who've worked since 25 August 1994 for the same employer. Long-term betting industry workers are those who've worked since 2 January 1995 for the same employer.

A long-term employee simply has to tell an employer he or she doesn't want to work on Sundays. There's no need to give three months' written notice. This protection is for workers in England, Wales and Northern Ireland only.

Long-term workers can choose to come in on Sundays, if they wish. They must give employers written notice. Employees should agree what Sundays they are prepared to work, what hours they will do, and what work they will perform.

A long-term worker who opts to work on Sundays can opt out in the future. Any employee who wants to stop Sunday working in these circumstances must give the employer an agreed amount of notice.

Religious Belief

Christians may prefer not to work on Sundays. The best approach, as recommended by the government, is to speak to the employer. If all goes well, the employer will take a reasonable view and adjust shifts.

It is illegal for an employer to discriminate against a member of staff because of his or her religion. In some instances, Christians may need to invoke this law. It may be wise to seek guidance from Citizens Advice or a Union before confronting an employer.

Extra Money for Sunday Working

The law does not oblige employers to pay more for Sunday working than they would on other days. The employer can choose whether to pay extra or not.

In some business areas, normal working hours follow a set Monday to Friday, or Monday to Saturday pattern. An employer may decide to pay time-and-a-half or double time for those who come in on Sundays. Some employers offer time off during the week for working on a Sunday.

Employees should check their contracts, and terms and conditions. If there is no mention of Sunday working, but they are happy to come in on a Sunday, they should speak to their employers about extra pay or holidays.

Difficulties With Sunday Working

People's circumstances change. Someone who regularly works on Sunday may wish to stop. Shop and betting industry workers have the chance to opt out. Other workers should speak to their employers to see if it's possible to come to an arrangement. Unions, Citizens Advice Bureaux and Community Legal Advice may be able to give help if a problem arises.