xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

SCHEDULE 2 F1N.I.RIGHTS OF SHOP WORKERS AS RESPECTS SUNDAY WORKING

F1functions transf. by SR 1999/481

Contractual requirements relating to Sunday workN.I.

9.—(1) Where a shop worker gives his employer an opting-out notice, the contract of employment under which he was employed immediately before he gave that notice becomes unenforceable to the extent that it—N.I.

(a)requires the shop worker to do shop work on Sunday after the end of the notice period; or

(b)requires the employer to provide the shop worker with shop work on Sunday after the end of that period.

(2) Subject to sub-paragraph (3), any agreement entered into between an opted-out shop worker and his employer is unenforceable to the extent that it—

(a)requires the shop worker to do shop work on Sunday after the end of the notice period; or

(b)requires the employer to provide the shop worker with shop work on Sunday after the end of that period.

(3) Where, after giving an opting-in notice, an opted-out shop worker expressly agrees with his employer to do shop work on Sunday or on a particular Sunday (and so ceases to be opted-out), his contract of employment shall be taken to be varied to the extent necessary to give effect to the terms of the agreement.

Sub‐para. (4) rep. by 1999 NI 9

(5) For the purposes of paragraph 7(1)(b), the appropriate date—

(a)in relation to sub-paragraphs (2) and (3), is the day on which the agreement is entered into;F2. . .

Head (b) rep. by 1999 NI 9