The law and working on Easter Sunday

downshifter

I work in a shop and every Easter we are open. Because of the size of the shop I'm sure we are supposed to be closed on Easter Sunday, we are bound by Sunday trading laws the rest of the year and as far as I can gather, Easter day is part and parcel of the same law. Every year I'm really worried that an inspector (who inspects these things anyway?) will ring or come in and ask why we're open. While I know it's up to the owner to sort these things out he isn't usually there on Sunday, just three shop assistants. He owns another branch too and they're in the same boat. If he gets fined, in the current situation, then some if not all of us will be out of a job. I know he knows about it as one year he gave us all a bit extra for coming in, I couldn't help but feel it was partly bribery money. I thought of taking the day off but cant afford to be without pay nor do I want to let my colleagues down, it would be hard for them to find a stand in. But if I was the one to speak to an inspector I would be in big trouble.

Does anyone know the worse that could happen? Is the fine huge? Does anyone inspect anyway? I'm going to be on edge all day!

DS

Andy_L

"The maximum penalty under this legislation is a fine of £50,000"

http://www.elmbridge.gov.uk/envhealth/protection/sundaytrading.htm

Vader123

If the shop is over 280 sq metres, they can't be open.
Under that they can open when they want.

Vader

downshifter

Andy_L wrote: »

"The maximum penalty under this legislation is a fine of £50,000"

http://www.elmbridge.gov.uk/envhealth/protection/sundaytrading.htm

Vader123 wrote: »

If the shop is over 280 sq metres, they can't be open.
Under that they can open when they want.

Vader

Ok now I'm really worried, I don't know what to do. Though what I probably will do is go in and be terrified all day!!!

I've never read of anyone being prosecuted though, maybe he will only get a warning.

Thanks both

amersall

what kind of shop do you work in? as there are exemptions
Exemptions

• farm shops selling mostly their own produce
• shops selling mainly intoxicating liquor
• shops selling mainly motor or cycle supplies or accessories
• pharmacies open only for the selling of medicinal products or medical or surgical appliances
• petrol filling stations
• stands used for retail sales at exhibitions
• some other retail shops (e.g. airport shops)

downshifter

Thanks yes, I've looked at the exemptions and none of them apply. We adhere to Sunday opening ie 6 hours (though for years he got away with opening for normal weekday hours on a Sunday) so I'm sure he knows about it. Basically because he doesn't agree with the law he's not going to do it until told. I'm scared for my own position though, and those of my friends/colleagues. The owner can look out for himself, it's his business but we would be the ones to suffer really if he had a massive fine like that.

SkipE

I believe its usually the Local Council Health and Safety or Licensing Depts who are best able to advise you. You dont need to give the name of the shop or your name.

I know some garden centres are getting round the opening restrictions by saying they are opening to 'members' only. Is this the kind of thing your shop is doing?

amersall

i would report him and see if anyone can do anything about this (obviously without him knowing its you!) as you say if he gets caught and gets a fine your jobs are at risk. i wouldnt sit back and wait for him to be caught, he must be arrogant if he thinks he is above the law, and i think he needs teaching a lesson. what kind of shop is this?

Chinkle

He is the boss and will do what he wants, and sounds like does. You could remind him that its illegal, but where will that get you? Equally, you could say you are uncomfortable working that day knowing its illegal to be open, but this may also get you your P45.

If you're feeling vindictive then 'shop' him (no pun intended) but as you say that may lead you to the dole queue too.

If you don't want to rock any boats then just turn up for work as normal and see what happens.

Doesn't sound like an ideal employer to me, in the meantime how about looking for alternative job?

Pete111

amersall wrote: »

i would report him and see if anyone can do anything about this (obviously without him knowing its you!) as you say if he gets caught and gets a fine your jobs are at risk. i wouldnt sit back and wait for him to be caught, he must be arrogant if he thinks he is above the law, and i think he needs teaching a lesson. what kind of shop is this?

Yes indeed! Damn this arrogant man for trying to stay afloat during a recession. Have you considered that overeacting and reporting him (Go team loyalty BTW...) may potentially open him up to a retrospective fine?

To be honest, the chances of him being caught are probably slim and the chances that a first offence will mean more than a slap on the wrist rather than being fined the full 50k are even slimmer. Realistically, don't you think he has more to lose than you and has considered this ?

Finally, other than the worry re your job (which I accept is a fair one), why do you think you will personally be in trouble for working in a shop as an assistant on a day it may not be permitted to open? I very much doubt you are going to have to bear the cost of any fine personally!

Dick_Van_Dyke

How exactly do supermarkets get round this?
What kind of shop is it?
280 Sq Mt is a big shop.