Having to work on a Sunday depends on whether it is mentioned in either the person’s:
- employment contract
- written statement of terms and conditions
A worker cannot be made to work on Sundays unless they agreed it with their employer and put it in writing (for example, changed the contract).
Employers only have to pay staff more for working on Sundays if it has been agreed as part of the contract.
Sunday working in shops and betting shops
Staff do not have to work on Sundays if they are:
- shop workers who started with their employer on or before 26 August 1994
- betting shop workers who started with their employer on or before 2 January 1995
All staff should be told about these 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. They can opt out of Sunday working at any time, even if they agreed to it in their contract.
Shop and betting shop workers must:
- give their employer three months notice that they want to opt out
- continue to work on Sundays during the three 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 two months of the person starting work - if they do not, only one month’s notice is needed to opt out.
An employee cannot be dismissed or treated unfairly for choosing not to work on Sundays.