Sunday trading opt out

keith99_2

My partner has worked for a high street store for 25 years and opted out of working Sundays when it came in and therefore has the full protection.
The company has opted to give staff a 4 day break over either Christmas or new year but they have to work certain Sunday's. Some of them don't normally work them but have no opted out but my partner has been told that as she won't work Sunday's she can only have a 2 day break.
The legislation on this states "if you are a protected shop worker you must not be treated unfairly by your employer because you do not wish to work on Sundays. If you are being treated unfairly by your employer because you do not work Sunday's you should consult an experienced adviser, eg CAB"
I think there is clearly a case here that she is being treated unfairly, does anyone else agree?

spadoosh

Not at all, im guessing the company is closed on christmas day and new years day?! It would be wholly unfair on every other member of the company if your partner had 4 days off plus the 2 days off that is compulsory.

I don't think you have case, but i am making some assumptions.

InsideInsurance

Being treated different is not the same as being treated unfairly.

You should follow the advice that you have been given in terms of contacting the CAB for advice.

I would however argue that for others they are being told they can have an extended xmas break if they agree to do something unpleasant (ie sunday shifts). What is your partner offering to do that is unpleasant to get the reward? It would be unfair to the others if they simply got something for nothing when the rest are having to do the unwanted Sunday shifts.

keith99_2

Over a 2 week period there is a total of 3 days off for public holidays that the staff get, so she is not getting any extra days off, she will work the same number of days as all staff, most who have Sundays in their contract. The fact my partner doesn't tells me she is being treated unfairly as the legislation states.
I am not asking for personal opinion on whether she should get the 4 days, but a definitive answer based on the wording of the legislation if anyone has any knowledge of this.
Thanks.

keith99_2

spadoosh wrote: »

Not at all, im guessing the company is closed on christmas day and new years day?! It would be wholly unfair on every other member of the company if your partner had 4 days off plus the 2 days off that is compulsory.

I don't think you have case, but i am making some assumptions.

All the large retailers are closed Christmas Day but all will trade January 1st, in effect a normal day, albeit a Sunday. The public holiday is Monday 2nd (which my partner will be working).

InsideInsurance

keith99 wrote: »

I am not asking for personal opinion

The quote you gave says two things:

1) You must not be treated unfairly - this is a typical issue with the English Law system in that it is allowed to have very wooly terms like "unfair" which really is a matter for opinion. Now there will evidently be some case law that makes up for the woolliness to some degree but there is not a list of situations.

2) It also states you should ask an experienced advisor such as the CAB. I do not think you will find a public forum on money saving is considered an experienced advisor.

If you post on something asking if something is fair or unfair you are going to get people giving their opinions.

heretolearn_2

'she will work the same number of days as all staff,'

so they are all being treated the same overall? I don't quite understand what you are saying she will work compared to what they will work, but I think she'd be a mug to stir things up trying to complain under those grounds. For a start, when they say you mustn't be at a disadvantage, they aren't really intending the law to start being used about exactly when a once a year occasion's days off are arranged, they mean she mustn't be passed over for promotion because of it, or paid a lower hourly rate because of it, or some genuine disadvantage.

mjm3346

keith99 wrote: »

she will work the same number of days as all staff, most who have Sundays in their contract.

If in a normal week she works the same number of days as staff who work Sundays, just different days how would this differ?

DVardysShadow

I imagine the others work 2 sundays and get 2 more days off at christmas. As long as that deal is open to everyone and the 2 extra days are above contract entitlement, it is fair.

Tiddlywinks

keith99 wrote: »

I am not asking for personal opinion on whether she should get the 4 days, but a definitive answer based on the wording of the legislation if anyone has any knowledge of this.

This is an internet forum - anyone can post on here... I could be a top flight legal eagle or a nutter rocking away in my secure cell. To obtain a reliable answer I suggest you ask the question of an expert in the real world.

For opinions then read on...

lincroft1710

What I'm struggling to come to terms with is legislation which suggests "you should consult an experienced adviser e.g. CAB".