Sunday working issue

the_chairman

Can someone please say if an employee contract has to specifically mention the word "sunday" to legally make someone work on a sunday.I have looked at sunday working on gov.co.uk and this is what it states:-GOV.UK Sunday working Having to work on a Sunday depends on a person’s employment contract. There are also special rules for shop workers and people who work in betting. Check if Sunday working is mentioned in either: • the employment contract • the written statement of terms and conditions A person can’t be made to work on Sundays unless they and their employer agree and put it in writing (eg change the contract). Sunday working in shops and betting shops Staff don’t have to work on Sundays if they’re: • shop workers who started before 26 August 1994 and are still with the same employer (in Northern Ireland, this is before 4 December 1997) • betting shop workers who started before 2 January 1995 and are still with the same employer (in Northern Ireland, this is before 26 February 2004) Employers only have to pay staff a higher rate for working on Sundays if the contract says so. All staff should be told about their Sunday working rights when they first start work. Opting out of Sunday working All shop and betting shop workers can opt out of Sunday working unless Sunday is the only day they have been employed to work on. An employee can opt out of Sunday working at any time, even if they have agreed to work on Sundays in their contract. The employee must give their employer 3 months’ notice that they want to opt out of Sunday working. They must continue to work on Sundays during the 3 month notice period if their employer wants them to. An employer who needs staff to work on Sundays must tell them in writing that they can opt out. They must do this within 2 months of the person starting work - if they don’t, only 1 month’s notice is needed to opt out. Staff who opt out of Sunday working mustn’t be treated unfairly. An employee can’t be dismissed or treated in an unfavourable way for choosing not to work on Sundays. Does the opt out apply to all employees regardless of what field they work in? Am I correct in saying that if a contract does not specifically state the word "sunday" then an employer cannot force the employee to work sundays? Am I also correct in saying that if an employer and employee agree that the employee will work sundays, then it has to be in writing and signed by both parties, and that a new contract has to be created, or can there just be another document issued in writing,signed and dated by both parties amending the current terms of the contract that applies to the current contract?. And lastly, if an employee wants to stop working sundays, does that employee have to give 3 months notice in writing to the employer stating this.

sangie595

I tried to read this block of text. I gave up. It's really hard to take in endless text like this. And the circumstances also depend on your situation. It's hard to apply legislation in theory without any information about why you want to know.

engineer_amy

I struggled through that wall of text - please break it up into sections for future readers otherwise people wont bother to read or offer advice.


more information is needed from you on your specific situation if you want some meaningful answers.


But from the questions I was able to pick out from the text -


Contract has to specifically mention the word Sunday - No. It could say something like "you will have to work 40 hours on a rota system over 7 days" or "varying hours throughout the company's times of operation/opening". Either of these could cover Sundays.


New contract required - no. some companies will issue a new contract, but legally for things like changes to working hours and times, an amendment document attached to the original contract is sufficient, as long as it is agreed by both parties.


For your other questions, hopefully someone else has been able to decipher the text. or else ring ACAS.

[Deleted User]

the_chairman wrote: »

And lastly, if an employee wants to stop working sundays, does that employee have to give 3 months notice in writing to the employer stating this.

Be careful, if under the golden 2 years, it could simply be goodbye.


Depends on how you're customers view a Sunday and willing colleagues.


When I worked Sunday's one place, I was simply issued with a letter of amendment - I was given a day off of equal busy-ness from the week, really enjoyed working a Sunday and the customers highly thankful and so I never feared for my job security.

CalumHeath

I'll have a go at helping.

the_chairman wrote: »

Can someone please say if an employee contract has to specifically mention the word "sunday" to legally make someone work on a sunday[?]

I have looked at sunday working on gov.co.uk and this is what it states:

"GOV.UK Sunday working
Having to work on a Sunday depends on a person’s employment contract. There are also special rules for shop workers and people who work in betting.

Check if Sunday working is mentioned in either:
• the employment contract
• the written statement of terms and conditions

A person can’t be made to work on Sundays unless they and their employer agree and put it in writing (eg change the contract).

Sunday working in shops and betting shops
Staff don’t have to work on Sundays if they’re:
• shop workers who started before 26 August 1994 and are still with the same employer (in Northern Ireland, this is before 4 December 1997)
• betting shop workers who started before 2 January 1995 and are still with the same employer (in Northern Ireland, this is before 26 February 2004)

Employers only have to pay staff a higher rate for working on Sundays if the contract says so.

All staff should be told about their Sunday working rights when they first start work.

Opting out of Sunday working All shop and betting shop workers can opt out of Sunday working unless Sunday is the only day they have been employed to work on.

An employee can opt out of Sunday working at any time, even if they have agreed to work on Sundays in their contract. The employee must give their employer 3 months’ notice that they want to opt out of Sunday working. They must continue to work on Sundays during the 3 month notice period if their employer wants them to.

An employer who needs staff to work on Sundays must tell them in writing that they can opt out. They must do this within 2 months of the person starting work - if they don’t, only 1 month’s notice is needed to opt out. Staff who opt out of Sunday working mustn’t be treated unfairly.

An employee can’t be dismissed or treated in an unfavourable way for choosing not to work on Sundays."

Does the opt out apply to all employees regardless of what field they work in?

Am I correct in saying that if a contract does not specifically state the word "sunday" then an employer cannot force the employee to work sundays?

Am I also correct in saying that if an employer and employee agree that the employee will work sundays, then it has to be in writing and signed by both parties, and that a new contract has to be created, or can there just be another document issued in writing,signed and dated by both parties amending the current terms of the contract that applies to the current contract?

And lastly, if an employee wants to stop working sundays, does that employee have to give 3 months notice in writing to the employer stating this.

the_chairman

An employer cannot dismiss an employee if they opt out of sunday working.The government make that clear on their website.That would be discrimination and would open the way for compensation, regardless of how short or long that person has been in employment.

the_chairman

According to NI Direct, the official government website:- [FONT=&quot]Sunday work[/FONT]
[FONT=&quot]All kinds of businesses operate on Sundays. Shops and leisure businesses are obvious examples, but wherever you work, you might be asked to work on Sundays. It is important to know your rights when it comes to Sunday work.[/FONT]
[FONT=&quot]Can you be made to work on Sundays?[/FONT]
[FONT=&quot]You should check either your contract of employment or written statement of terms and conditions to see if you must work on Sundays or would have to if you were asked. If it says so, you'll have to work on Sundays. If it doesn't, then the only way of making you work on that day is by a change to your contract.[/FONT]
[FONT=&quot]This is something that must normally be agreed by both you and your employer, otherwise making you work on Sundays would amount to a breach of contract. There are, however, special rules for shop and betting workers.[/FONT]
[FONT=&quot] As far as I can read into this, 2sunday" working has to be mentioned, not "VARYING DAYS/TIMES/SHIFTS" ETC.if it does not specifically mention SUNDAY, then there is no obligation to work it.
[/FONT]

tykesi

Are you asking us or telling us?

stevemLS

Telling it looks like!

The law is different in NI, where are you?

What does your contract say!?

What employment sector are you talking about?

sangie595

the_chairman wrote: »

According to NI Direct, the official government website:- [FONT=&quot]Sunday work[/FONT]
[FONT=&quot]All kinds of businesses operate on Sundays. Shops and leisure businesses are obvious examples, but wherever you work, you might be asked to work on Sundays. It is important to know your rights when it comes to Sunday work.[/FONT]
[FONT=&quot]Can you be made to work on Sundays?[/FONT]
[FONT=&quot]You should check either your contract of employment or written statement of terms and conditions to see if you must work on Sundays or would have to if you were asked. If it says so, you'll have to work on Sundays. If it doesn't, then the only way of making you work on that day is by a change to your contract.[/FONT]
[FONT=&quot]This is something that must normally be agreed by both you and your employer, otherwise making you work on Sundays would amount to a breach of contract. There are, however, special rules for shop and betting workers.[/FONT]
[FONT=&quot] As far as I can read into this, 2sunday" working has to be mentioned, not "VARYING DAYS/TIMES/SHIFTS" ETC.if it does not specifically mention SUNDAY, then there is no obligation to work it.
[/FONT]

Nothing in life is ever that easy - and certainly never as easy as the potted law on government websites. You asked here and were asked to give specifics. You asked on CAG and were asked the same thing. So what are you asking? There is a real situation somewhere in here - unless this is homework, in which case you need to do it yourself.

sangie595

the_chairman wrote: »

An employer cannot dismiss an employee if they opt out of sunday working.The government make that clear on their website.That would be discrimination and would open the way for compensation, regardless of how short or long that person has been in employment.

No it wouldn't be discrimination - it would be a dismissal for asserting a statutory right. Nothing to do with discrimination. Which is an example of why you should never decide you know what is going on based on something you might have read (wrongly!).

And it is really quite easy to dismiss an employee for lots of other reasons - and employer worth their salt would find something else to dismiss you for. If they look hard, they'll find something.