Sunday Opt Out

SJohnson

Ive tried to opt out of Sundays at work, however i have been refused due to them being a "wholesaler".
It is a trade only merchant, however i cant find anything that says they, or any other "wholesaler" will be exempt from this law.



Can anyone shed any light on this please?

marliepanda

SJohnson wrote: »

Ive tried to opt out of Sundays at work, however i have been refused due to them being a "wholesaler".
It is a trade only merchant, however i cant find anything that says they, or any other "wholesaler" will be exempt from this law.



Can anyone shed any light on this please?

Im not expert, however, on a brief look about this Sunday opt out refers to betting shops and 'retailers'

Retail vs wholesale comes up as 'retail sells to the public, and wholesale sells to retailers.'

So you do not work for a retailer and therefore do not have Sunday opt out rights...

SJohnson

"opted-out", in relation to a shop worker, shall be construed in accordance
with paragraph 5 below,
"opting-in notice" has the meaning given by paragraph 3(2) below,
"opting-out notice" has the meaning given by paragraph 4(3) below,
"protected", in relation to a shop worker, shall be construed in accordance
with paragraphs 2 and 3 below,
"retail trade or business" includes—
(a) the business of a barber or hairdresser,
(b) the business of hiring goods otherwise than for use in the
course of a trade or business, and
(c) retail sales by auction,
but does not include catering business or the sale at theatres and places
of amusement of programmes, catalogues and similar items,
"shop" includes, subject to sub-paragraph. (2) below, any premises where
any retail trade or business is carried on,
"shop work" means work in or about a shop in England or Wales on a day
on which the shop is open for the serving of customers, and
"shop worker" means an employee who, under his contract of employment,
is required to do shop work or may be required to do such work.
(2) Where premises are used mainly for purposes other than those of retail
trade or business and would not apart from sub-paragraph (1) above be regarded
as a shop, only such part of the premises as—
(a) is used wholly or mainly for the purposes of retail trade or business, or
(b) is used both for the purposes of retail trade or business and for the
purposes of wholesale trade and is used wholly or mainly for those two
purposes considered together,
is to be regarded as a shop for the purposes of this Schedule.
(3) In sub-paragraph (2) above "wholesale trade" means the sale of goods for
use or resale in the course of a business or the hire of goods for use in the course
of a business.

BorisThomson

SJohnson wrote: »

"opted-out", in relation to a shop worker, shall be construed in accordance
with paragraph 5 below,
"opting-in notice" has the meaning given by paragraph 3(2) below,
"opting-out notice" has the meaning given by paragraph 4(3) below,
"protected", in relation to a shop worker, shall be construed in accordance
with paragraphs 2 and 3 below,
"retail trade or business" includes—
(a) the business of a barber or hairdresser,
(b) the business of hiring goods otherwise than for use in the
course of a trade or business, and
(c) retail sales by auction,
but does not include catering business or the sale at theatres and places
of amusement of programmes, catalogues and similar items,
"shop" includes, subject to sub-paragraph. (2) below, any premises where
any retail trade or business is carried on,
"shop work" means work in or about a shop in England or Wales on a day
on which the shop is open for the serving of customers, and
"shop worker" means an employee who, under his contract of employment,
is required to do shop work or may be required to do such work.
(2) Where premises are used mainly for purposes other than those of retail
trade or business and would not apart from sub-paragraph (1) above be regarded
as a shop, only such part of the premises as—
(a) is used wholly or mainly for the purposes of retail trade or business, or
(b) is used both for the purposes of retail trade or business and for the
purposes of wholesale trade and is used wholly or mainly for those two
purposes considered together,
is to be regarded as a shop for the purposes of this Schedule.
(3) In sub-paragraph (2) above "wholesale trade" means the sale of goods for
use or resale in the course of a business or the hire of goods for use in the course
of a business.

Your explanation supports what marliepanda has said. If a business is solely a wholesaler, they do not fall within the opt out provisions.

marliepanda

SJohnson wrote: »

"opted-out", in relation to a shop worker, shall be construed in accordance
with paragraph 5 below,
"opting-in notice" has the meaning given by paragraph 3(2) below,
"opting-out notice" has the meaning given by paragraph 4(3) below,
"protected", in relation to a shop worker, shall be construed in accordance
with paragraphs 2 and 3 below,
"retail trade or business" includes!!!8212;
(a) the business of a barber or hairdresser,
(b) the business of hiring goods otherwise than for use in the
course of a trade or business, and
(c) retail sales by auction,
but does not include catering business or the sale at theatres and places
of amusement of programmes, catalogues and similar items,
"shop" includes, subject to sub-paragraph. (2) below, any premises where
any retail trade or business is carried on,
"shop work" means work in or about a shop in England or Wales on a day
on which the shop is open for the serving of customers, and
"shop worker" means an employee who, under his contract of employment,
is required to do shop work or may be required to do such work.
(2) Where premises are used mainly for purposes other than those of retail
trade or business and would not apart from sub-paragraph (1) above be regarded
as a shop, only such part of the premises as!!!8212;
(a) is used wholly or mainly for the purposes of retail trade or business, or
(b) is used both for the purposes of retail trade or business and for the
purposes of wholesale trade and is used wholly or mainly for those two
purposes considered together,
is to be regarded as a shop for the purposes of this Schedule.
(3) In sub-paragraph (2) above "wholesale trade" means the sale of goods for
use or resale in the course of a business or the hire of goods for use in the course
of a business.

See the way I read that is against your point, it says both retail AND wholesale together, and makes no mention of purely wholesale.

The first part also precludes trade.

Did you post that in your defense? Which bit?

SJohnson

"wholesale trade" means the sale of goods for
use or resale in the course of a business or the hire of goods for use in the course
of a business.

The company doesnt just sell to wholesale customers, they are open to the public.
I was only asking for someone to shed light on this for me as yesterday they told me because they are a trade business it doesnt apply to us, however today they are telling me because we are a "wholesaler" it doesnt apply to me

marliepanda

SJohnson wrote: »

"wholesale trade" means the sale of goods for
use or resale in the course of a business or the hire of goods for use in the course
of a business.

The company doesnt just sell to wholesale customers, they are open to the public.
I was only asking for someone to shed light on this for me as yesterday they told me because they are a trade business it doesnt apply to us, however today they are telling me because we are a "wholesaler" it doesnt apply to me

Are you open to the public or are you trade only? Im confused...

SJohnson

It says they are for the "trade and business", however anyone can go and buy products on a "temporary account"

marliepanda

SJohnson wrote: »

It says they are for the "trade and business", however anyone can go and buy products on a "temporary account"

How long have you worked for this company?

I think arguing semantics isn’t going to get you anywhere as clearly they don’t want you to opt out.

nicechap

SJohnson wrote: »

It says they are for the "trade and business", however anyone can go and buy products on a "temporary account"

I don't understand why you are asking strangers on the internet if you already know the answers. You should be debating this with your employer and then in the fullness of time explain to job centre why you no longer have a job.

Takeaway_Addict

nicechap wrote: »

I don't understand why you are asking strangers on the internet if you already know the answers. You should be debating this with your employer and then in the fullness of time explain to job centre why you no longer have a job.

lol @ the last line!