Sunday trading opt out

scheming_gypsy

keith99 wrote: »

I think there is clearly a case here that she is being treated unfairly, does anyone else agree?

keith99 wrote: »

I am not asking for personal opinion

no, you're definitely asking for opinion,

All staff are having 4 days off over Christmas; Sunday's and two days. If everybody has to book the Sunday off then nobody is working Sunday (Christmas and New Years Day) which leaves everybody with 2 days holiday and puts them in the same position as your missus.

and like you say

she will work the same number of days as all staff

so they're having holidays on bank holidays to level them up with what your missus is working.

Jarndyce

Ok. The law does not say what the OP says, it says that an employee who has opted out should not be treated less favourably nor suffer a detriment for having done so.

Now, applying the law to the OP's situation clearly constitutes an opinion, so as you have specifically requested that no opinions are given, I'll leave it there.

lincroft1710

Where any legislation is ambiguous and is open to interpretation, and there is no relevant or decisive case law, then any questions relating to the application of that legislation can only be answered by opinion, whether qualified or unqualified. Further, qualified opinions may well differ.

Sambucus_Nigra

keith99 wrote: »

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?

Does this mean that the other staff are getting 2 paid holidays extra? In which case maybe you could say that was unfair, maybe you could say that it is a reward for working Sundays all the rest of the year. If not, surely it is just changing the days round to give those that do work Sundays a bit of a festive break?