Sunday opt-out and 'shopworker' definition

Darksun

Hello,

Hoping someone can clear something up. My wife works for one of the big supermarket chains (though is actually employed by an agency that provides staff for the store). She works on a counter that serves hot drinks, but it also operates as a normal till and most of her customers are just buying baskets of goods, and she is responsible for shelf stacking, etc in her area.

Recently she decided she wants to opt out of sunday working and so put this in writing to her manager, but they have said she is not allowed to opt out because she is not a shop worker. Having looked around I can't find how the law actually defines shop worker, can the company claim she's not a shop worker because she is not employed directly by the shop?

Uncertain

Darksun wrote: »

Hello,

Hoping someone can clear something up. My wife works for one of the big supermarket chains (though is actually employed by an agency that provides staff for the store). She works on a counter that serves hot drinks, but it also operates as a normal till and most of her customers are just buying baskets of goods, and she is responsible for shelf stacking, etc in her area.

Recently she decided she wants to opt out of sunday working and so put this in writing to her manager, but they have said she is not allowed to opt out because she is not a shop worker. Having looked around I can't find how the law actually defines shop worker, can the company claim she's not a shop worker because she is not employed directly by the shop?

I would imagine the key is that she is employed by an agency and not directly by the shop. Has she spoken to the agency?

However it may also be that her "hot drink counter" counts as a cafe and not as a shop?

bap98189

Unless it says in her contract that she will not work Sundays then she has no right to stop working on Sundays. She can ask her employer, but they can just say no.

I think there is some confusion here regarding the term "shop worker". There are special rules that ensure that people who work in shops or betting-shops cannot be forced to work on Sundays. But they only apply to people who have worked for the same company since August 1994, which is when the Sunday trading laws were changed.

Bradden

Why does she want to drop working Sundays?

Has she asked them if she can reduce her hours?

Uncertain

bap98189 wrote: »

There are special rules that ensure that people who work in shops or betting-shops cannot be forced to work on Sundays. But they only apply to people who have worked for the same company since August 1994, which is when the Sunday trading laws were changed.

Not as I understand it.

AFAIK you can still opt out by giving your employer 3 months notice (but only if she IS a shop worker). Shop workers employed before Aug 94 don't have to give 3 months notice if I understand correctly.

There is also a POSSIBLE religious discrimination get out if she could demonstrate that her faith now prevents Sunday working.

x.x.x.

I work for one of the supermarkets (although i'm employed directly by them), and i have just opted out of working sunday (after giving 3 months written notice) with no problems at all (even though they are short staffed). Would it be worth giving Acas a call?

Notmyrealname

Who did she give the notice to, the agency or the supermarket manager? If it was the supermarket manager, she gave the notice to the wrong person. The agency is her employer, not the supermarket, and it is the agency she needs to give notice to.

marybelle01

Notmyrealname wrote: »

Who did she give the notice to, the agency or the supermarket manager? If it was the supermarket manager, she gave the notice to the wrong person. The agency is her employer, not the supermarket, and it is the agency she needs to give notice to.

But before she does that she might want to consider any ramifications of not being available for work when the agency give her work. Agencies are not obliged to provide work. If she isn't available on Sunday any more, she might find that there is a sudden lack of available shifts Monday - Saturday.

And just a thought, but if she is an agency worker, then she may not also be a "shop worker". Her assignment may be in a shop, but does that actually make her a shop worker?