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Opt out Sunday working

If a contract of employment is for work to be carried out for 5 days of the week which specifically include Sunday to meet the needs of the business does the employee still have the right to opt out of Sunday work. From what we can see it does - ACAS are unclear and guidance is sketchy so any help appreciated - thank you
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  • Hi and welcome Justin

    I don't think it's too unclear - if Sunday working is stipulated in a written contract then only employees in shops and betting shops have the right to opt out - otherwise it's like any other employment contract term
    www.gov.uk/sunday-working
  • Thank you for responding David. I think we have doubt as the employee carries out their duties in a store albeit we are a third party supplier and not the retailer.
  • In reply to Justin:

    Hi again Justin

    Sure if they usually work within a shop they're deemed to be a shop worker, irrespective of who employs them:

    www.xperthr.co.uk/.../

    (It's wholly anachronistic now that Sundays have little or no observance, but it's still the law. I can recall as a child my grandfather who was the village children's playground voluntary secretary chaining up and padlocking all the swings and rides every Sunday lest any children might fail to observe the Sabbath by enjoying themselves on them and my mother saying he would never allow her or her sister to have icecreams or lollies on a Sunday for similar reasons - how times have changed!) 

  • Thanks David. Yes I remember my grandmother refusing to play board games with us on Sunday!