Sunday Working Rules

Shop and betting workers in England and Wales have a statutory right to opt out of Sunday working by giving 3 months written notice. Employers cannot dismiss or subject them to detriment for opting out. Other workers have no specific Sunday protections beyond general WTR rights.

Last updated: February 2025

3 months

Opt-out notice period

Within 2 months of start

Employer notification

Auto unfair dismissal

Protection

What the Law Says

Part IV of the Employment Rights Act 1996 (ss.36-43) gives shop workers and betting workers the right to refuse Sunday work. Workers employed before the shop's Sunday trading commencement are 'protected shop workers' with an automatic right not to work Sundays. Others can become 'opted-out shop workers' by giving 3 months notice.

Your Obligations as an Employer

  • Inform shop workers of their right to opt out of Sunday working
  • Accept valid opt-out notices and honour them after 3 months
  • Not dismiss or disadvantage workers who opt out
  • Provide written notice of Sunday working rights within 2 months of start date

What to Include in Contracts

State whether Sunday working is required, reference the statutory right to opt out for shop workers, specify the opt-out notice procedure, and confirm no detriment will result from exercising the opt-out right.

View related contract template

Common Mistakes

  • Not informing shop workers of their Sunday opt-out right
  • Treating opt-out as immediate rather than allowing 3-month notice period
  • Giving opted-out workers less favourable shifts as retaliation

FAQ

Does the Sunday trading opt-out apply in Scotland?

Sunday trading laws differ in Scotland. The Sunday opt-out provisions in Part IV ERA 1996 apply to England and Wales only. Scotland does not have the same statutory Sunday trading restrictions, so the shop worker opt-out framework does not apply there.

Can new employees be required to work Sundays?

Yes, new employees can be contractually required to work Sundays from their start date. However, they must be given a written statement of their right to opt out within 2 months, and after opting out, the 3-month notice period applies before they can stop Sunday working.

Related Topics

Working Time Regulations

Rest Break Requirements

Unfair Dismissal Rules

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This is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.

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