Enterprise Bill (HC Bill 142)

(2) In the definition of “large shop” in subsection (1)—

(a) “shop” means any premises where there is carried on a trade
or business consisting wholly or mainly of the sale of goods;

(b) “relevant floor area” means the internal floor area of so much
5of the large shop in question as consists of or is comprised in
a building.

(3) For the purposes of subsection (2), any part of the shop which is not
used for the serving of customers in connection with the sale or
display of goods is to be disregarded.

(4) 10The references in subsections (2) and (3) to the sale of goods does not
include—

(a) the sale of meals, refreshments or alcohol (within the
meaning of the Licensing Act 2003 or, in relation to Scotland,
the Licensing (Scotland) Act 2005 (asp 16)2005 (asp 16)) for consumption
15on the premises on which they are sold, or

(b) the sale of meals or refreshments prepared to order for
immediate consumption off those premises.”

7 After section 45 insert—

“45ZA Sunday working for shop workers: additional hours

(1) 20Subsection (2) applies where a shop worker has given an objection
notice to his or her employer and the notice has not been withdrawn.

(2) The shop worker has the right not to be subjected to any detriment
by any act, or any deliberate failure to act, by the employer done on
the ground that the shop worker refused (or proposed to refuse) to
25do shop work for additional hours on Sunday or on a particular
Sunday.

(3) Subsection (2) does not apply to anything done on the ground that
the shop worker refused (or proposed to refuse) to do shop work for
additional hours on any Sunday or Sundays falling before the end of
30the relevant period.

(4) A shop worker has the right not to be subjected to any detriment by
any act, or any deliberate failure to act, by his or her employer on the
ground that the shop worker gave (or proposed to give) an objection
notice to the employer.

(5) 35Subsections (2) and (4) do not apply where the detriment in question
amounts to dismissal (within the meaning of Part 10).

(6) For the purposes of this section, a shop worker who does not do shop
work for additional hours on Sunday or on a particular Sunday is not
to be regarded as having been subjected to any detriment by—

(a) 40a failure to pay remuneration in respect of doing shop work
for additional hours on Sunday which the shop worker has
not done, or

(b) a failure to provide any other benefit where the failure results
from the application (in relation to a Sunday on which the
45shop worker has not done shop work for additional hours) of
a contractual term under which the extent of the benefit

varies according to the number of hours worked by, or the
remuneration paid to, the shop worker.

(7) Subsections (8) and (9) apply where—

(a) an employer offers to pay a sum specified in the offer to a
5shop worker if he or she agrees to do shop work for
additional hours on Sunday or on a particular Sunday, and

(b) the shop worker—

(i) has given an objection notice to the employer that has
not been withdrawn, or

(ii) 10is not obliged under a contract of employment to do
shop work for additional hours on Sunday.

(8) A shop worker to whom the offer is not made is not to be regarded
for the purposes of this section as having been subjected to any
detriment by any failure—

(a) 15to make the offer to the shop worker, or

(b) to pay the shop worker the sum specified in the offer.

(9) A shop worker who does not accept the offer is not to be regarded for
the purposes of this section as having been subjected to any
detriment by any failure to pay the shop worker the sum specified in
20the offer.

(10) In this section—

• “additional hours” and “objection notice” have the meanings
  given by section 41A(2);

• “relevant period” means the period determined by section
  2543ZA(2) (but subject to section 41D(3)).”

8 After section 101 insert—

“101ZA Shop workers who refuse to work additional hours on Sunday

(1) Subsection (2) applies where a shop worker has given an objection
notice that has not been withdrawn and he or she is dismissed.

(2) 30The shop worker is to be regarded for the purposes of this Part as
unfairly dismissed if the reason (or the principal reason) for the
dismissal is that he or she refused, or proposed to refuse, to do shop
work for additional hours on Sunday or on a particular Sunday.

(3) Subsection (2) does not apply where the reason (or principal reason)
35for the dismissal is that the shop worker refused (or proposed to
refuse) to do shop work for additional hours on any Sunday or
Sundays falling before the end of the relevant period.

(4) A shop worker who is dismissed is to be regarded for the purposes
of this Part as unfairly dismissed if the reason (or principal reason)
40for the dismissal is that the worker gave (or proposed to give) an
objection notice to the employer.

(5) In this section—

• “additional hours” and “objection notice” have the meanings
  given by section 41A(2);

• 45“relevant period” means the period determined by section
  43ZA(2) (but subject to section 41D(3)).”

9 In section 236 (orders and regulations), in subsection (3) after “27B,” insert
“41A that include provision under subsection (4)(c) of that section,”.

Employment Act 2002

10 In section 38 of the Employment Act 2002 (failure to give statement of
5employment particulars etc)—

(a) in subsection (2)(b), after “change)” insert “or under section 41B or
41C of that Act (duty to give a written statement in relation to rights
not to work on Sunday)”;

(b) in subsection (3)(b), after “1996” insert “or under section 41B or 41C
10of that Act”.

Section 41

SCHEDULE 6 Restriction on public sector exit payments: consequential and related
provision

Small Business, Enterprise and Employment Act 2015

1 15In section 154 of the Small Business, Enterprise and Employment Act 2015
(regulations in connection with repayment of public sector exit payments)—

(a) in subsection (4)(c), after “retirement” insert “or in respect of the cost
to a pension scheme of such a reduction not being made”,

(b) after subsection (6), insert—

“(7) 20In this section a reference to a payment made to a person
includes a reference to a payment made in respect of that
person to another person.”, and”

(c) in the heading, after “with” insert “repayment of”.

2 In section 156 of that Act (power to make regulations exercisable by the
25Treasury or Scottish Ministers)—

(a) for subsection (4) substitute—

“(4) The first regulations made by the Treasury under section
154(1) are subject to the affirmative resolution procedure.

(4A) The first regulations made by the Scottish Ministers under
30section 154(1) are subject to the affirmative procedure.”, and”

(b) in the heading, after “regulations” insert “under section 154(1)”.

3 In section 161 of that Act (supplementary provision about regulations), in
subsection (1), after “section 1” insert “, 153A”.

Power to amend public sector schemes

4 (1) 35Regulations may amend any relevant public sector scheme to ensure that if
any exit payment restriction would have effect to prevent retirement
benefits becoming immediately payable under the scheme without
reduction—

(a) the retirement benefits may become immediately payable under the
40scheme subject to the appropriate early payment deduction, and

(b) the member may opt to buy out all or part of that deduction.

(2) Regulations may also amend any relevant public sector scheme to ensure
that if any exit payment restriction has effect to prevent a payment being
made by the employer under the scheme in respect of the whole or any part
5of an extra charge arising to the scheme as a result of retirement benefits
becoming immediately payable to a member without reduction—

(a) the retirement benefits become payable immediately subject to the
appropriate early payment deduction except to the extent that the
extra charge arising to the scheme as a result of not making that
10deduction has been met by a payment made by the employer under
the scheme, but

(b) the member may opt to buy out all or part of that early payment
deduction.

(3) Regulations under this paragraph may be made—

(a) 15in relation to exit payments made by a relevant Scottish authority
(other than exit payments to which section 153B(2) of the Small
Business, Enterprise and Employment Act 2015 applies), by the
Scottish Ministers, and

(b) in any other case, by—

(i) 20the Treasury, or

(ii) another Minister of the Crown with the consent of the
Treasury.

(4) Regulations under this paragraph may make—

(a) consequential, incidental or supplemental provision;

(b) 25transitional or transitory provision, or savings;

(c) different provision for different purposes.

(5) Regulations under this paragraph (other than regulations made by the
Scottish Ministers) are to be made by statutory instrument.

(6) A statutory instrument containing regulations under this paragraph is
30subject to annulment in pursuance of a resolution of either House of
Parliament.

(7) Regulations under this paragraph made by the Scottish Ministers are subject
to the negative procedure.

(8) In this paragraph—

• 35“the appropriate early payment deduction” means such adjustment as
  is shown as appropriate in actuarial guidance issued by the Secretary
  of State;

• “exit payment restriction” means a restriction imposed by regulations
  under section 153A of the Small Business, Enterprise and
  40Employment Act 2015;

• “Minister of the Crown” has the same meaning as in the Ministers of the
  Crown Act 1975;

• “relevant public sector scheme” has the same meaning as in section
  153A of the Small Business, Enterprise and Employment Act 2015;

• 45“relevant Scottish authority” has the meaning given by section 153B of
  that Act.

Local Government Pension Scheme Regulations 2013 (S.I. 2013/2356S.I. 2013/2356)

5 (1) In the Local Government Pension Scheme Regulations 2013 (S.I. 2013/
2356)—

(a) in regulation 30 (which provides for active members aged 55 or over,
5on redundancy, to take immediate payment of certain pension
amounts without an actuarial reduction), at the end insert—

“(13) This regulation is subject to regulation 68A (effect of
restrictions on public sector exit payments).”, and”

(b) after regulation 68 insert—

“68A 10Effect of restrictions on public sector exit payments

(1) This regulation applies where the effect of the Exit Payment
Regulations is to prevent all or part of a payment being
required to be made under regulation 68(2) in respect of any
extra charge on the fund resulting from retirement benefits
15which, in the absence of this regulation, would become
immediately payable, without reduction, under regulation
30(7)(b) or as a result of a waiver under regulation 30(8).

(2) The member may elect to pay to the appropriate fund an
amount in respect of all or part of that extra charge.

(3) 20Regulation 30(7) (which provides for active members aged 55
or over, on redundancy, to take immediate payment of
certain pension amounts) has effect as if for paragraph (b)
there were substituted—

(b) any other retirement pension relating to that
25employment payable under these Regulations,
adjusted by so much of the amount shown as
appropriate in actuarial guidance issued by the
Secretary of State as does not represent an adjustment
relating to an extra charge on the appropriate fund—

(i) 30in respect of which the Scheme employer may
be required to make an additional payment
under regulation 68(2), or

(ii) in respect of which the member has made a
payment under regulation 68A(2).”

(4) 35Regulation 30(8) does not authorise the waiver of any
reduction except to the extent that an additional payment
may be required under regulation 68(2), or a payment has
been made to the appropriate fund by the member under
paragraph (2), in respect of any extra charge on the fund
40resulting from not making the reduction.

(5) In determining the effect of the Exit Payment Regulations for
the purposes of paragraph (1) account is to be taken of any
provision made under section 153C of the Small Business,
Enterprise and Employment Act 2015 (power to relax exit
45payment restrictions in certain cases).

(6) The restriction specified in paragraph (4) applies to Scheme
employers which have power under section 1 of the Localism
Act 2011 (local authority’s general power of competence) or

section 5A(1) of the Fire and Rescue Services Act 2004
(powers of fire and rescue authorities) in the exercise of those
powers.

(7) In this regulation “Exit Payment Regulations” means
5regulations under section 153A(1) of the Small Business,
Enterprise and Employment Act 2015 (regulations to restrict
public sector exit payments).”

(2) The provision made by sub-paragraph (1) may be amended or revoked as if
it had been made under section 1 of the Public Service Pensions Act 2013.

(3) 10The provision made by this paragraph is without prejudice to the generality
of the powers conferred by paragraph 4.