Sunday Trading (London Olympic Games and Paralympic Games) Bill

Insert the following new Clause—

“Opting out of Sunday work

(1) Where a shop worker gives an opting-out notice in the pre-Games period that relates to work at an exempted large shop, section 41(3) of the Employment Rights Act 1996 has effect as if the notice period in relation to the shop worker were the period which—

(a) begins with the day on which the notice is given, and

(b) ends two months after that day, or with Saturday 21 July 2012 (if that is later).

(2) Section 42(2) of that Act accordingly has effect in relation to the shop worker as if the reference to three months were a reference to the notice period as it is modified by subsection (1).

(3) Where the opting-out notice includes an express statement to the effect that the shop worker objects to Sunday working only during the suspension period, the shop worker is to be treated for the purposes of that Act as having given an opting-in notice at the end of that period.

(4) The “pre-Games period” is the period which—

(a) begins with the day on which this Act is passed, and

(b) ends with Monday 9 July 2012.

(5) An “exempted large shop” is a shop to which paragraph 2(1) of Schedule 1 to the Sunday Trading Act 1994 would apply during the suspension period were it not for the disapplication made by section 1(1).

(6) In this section—

“opting-in notice”, “opting-out notice” and “shop worker” each have the same meaning as in the Employment Rights Act 1996, and

“suspension period” has the meaning given in section 1(3).”

Page 1, line 15, leave out “This Act is repealed at” and insert “Sections 1 and (Opting out of Sunday work) are repealed immediately after”

Page 1, line 16, at end insert—

“(1A) Subsection (1B) applies in a case within section (Opting out of Sunday work) where—

(a) the opting-out notice was given less than three months before the end of the suspension period, and

(b) section 42(2) of the Employment Rights Act 1996 (which sets out the case in which the notice period is to be one month beginning with the day on which the notice was given) does not apply.

(1B) For the purposes of section 41(3) of that Act, the notice period (which, as a result of the repeal made by subsection (1), reverts to being the period of three months beginning with the day on which the notice was given) is to be treated as ending immediately after that repeal.”

Line 2, at end insert “; and for connected purposes”