Sunday working and opt out

cherwell

Hi,
I work in retail for a big supermarket chain on a 39 hour flexible contract working any 5 days from 7.

Recently I have been scheduled for more Sundays than usual, I am toying with idea to give 3 months notice for opting out of Sunday working.

Having discussed this with my personnel manager, she has advised me that I would have to drop a day to 4 days.

That would mean a loss of income, my personnel manager advice seems incorrect to me as I am still available for six days.

Does anyone have similar experience of this issue or advice or points of contact to clarify my rights.

P.S. I am not in a union.

marliepanda

Im not 100% sure but from a quick read around and what I had initally thought, your employer is not obliged to give you the hours elsewhere.

For example, if I hire you to work on a weekend, Saturday and Sunday, and you opt out of Sunday, I dont have to give you a weekday.

The logic behind it is fairly sound, if everyone opted out of Sundays the employer would have to employ people specifically for that, whilst also having to pay extra for the other workers to work other hours.

cherwell

marliepanda wrote: »

Im not 100% sure but from a quick read around and what I had initally thought, your employer is not obliged to give you the hours elsewhere.

For example, if I hire you to work on a weekend, Saturday and Sunday, and you opt out of Sunday, I dont have to give you a weekday.

The logic behind it is fairly sound, if everyone opted out of Sundays the employer would have to employ people specifically for that, whilst also having to pay extra for the other workers to work other hours.

Understand but I work full time 5 from 7 days not solely weekends.

marliepanda

cherwell wrote: »

Understand but I work full time 5 from 7 days not solely weekends.

It was just an example to illustrate the issue.

In your case, if all the workers opted out of Sunday and worked 5/6 other days, they would still have to employ extra people to cover the Sundays opted out of.

Like I said I am not an employment lawyer nor do I have a bulletproof knowledge, but all sources I can find online say that employers have no obligation to find you other hours elsewhere.

cherwell

marliepanda wrote: »

It was just an example to illustrate the issue.

In your case, if all the workers opted out of Sunday and worked 5/6 other days, they would still have to employ extra people to cover the Sundays opted out of.

Like I said I am not an employment lawyer nor do I have a bulletproof knowledge, but all sources I can find online say that employers have no obligation to find you other hours elsewhere.

Thanks for input, it is possibly a grey area, would agree with your sentiments if a worker was doing a Sunday every week. I know the law states that shops cannot refuse an opt out and have to make the shortfall up by employing or use agencies, I would expect the big retail companies to pick up the shortfall like that have to with maternity and paternity, with high turnover in the industry I can't see the issue.

pmduk

OP, have you worked there long enough to rock the boat? I.e. More than 2 years.

Whilst they may not sack you for insisting on Sunday off, I've no doubt there are plenty of other ways they can make life unpleasant.

cherwell

pmduk wrote: »

OP, have you worked there long enough to rock the boat? I.e. More than 2 years.

Whilst they may not sack you for insisting on Sunday off, I've no doubt there are plenty of other ways they can make life unpleasant.

Yes and I am aware life is sometimes unfair, you can't control anyone else, that why your choices in life are to stand up and be counted or move on or be steamed roller ed.

So what does that mean, we have more than one person on our department so why should I have do the majority of Sunday's all of a sudden, only fair that every one else take their turns.

Takeaway_Addict

cherwell wrote: »

Yes and I am aware life is sometimes unfair, you can't control anyone else, that why your choices in life are to stand up and be counted or move on or be steamed roller ed.

So what does that mean, we have more than one person on our department so why should I have do the majority of Sunday's all of a sudden, only fair that every one else take their turns.

Have you actually asked why you are being rota'd more than your fair share?

Smodlet

Takeaway_Addict wrote: »

Have you actually asked why you are being rota'd more than your fair share?

... If you are. You work in retail, you work Sundays. If you are really doing more than your fair share, suggest you provide proof via the rota to your line manager/HR/whoever and ask why. It might be that your colleagues have booked leave; it might be that they have more time served than you do, if that makes a difference. If you really don't want to work Sundays, find a job in a different sector.

eschaton

I know when the Sunday opt out started many years ago that anyone dropping the Sunday lost the hours. I don't believe it has changed.

It's quite a big decision to make. It's not only the employer not being happy with you, but your fellow colleagues that won't be happy working Sunday's when you're not.

I know that if I opted out of Sunday working I would soon be unemployed.

theoretica

Purely numerically, if you are only availably for 6 days, rather than 7, you could be seen as asking to drop to 6/7ths of your 39 hour contract, which is 33 hrs 25 minutes. Not quite dropping a whole day, though close to it.