Section 41D — Employment Rights Act 1996: Failure to give explanatory statement under section 41B or 41C

Failure to give explanatory statement under section 41B or 41C 41D 1 This section applies if an employer fails to give to a shop worker a written statement in accordance with—

a section 41B(2) and (3), or b section 41C(2) and (3).

2 If the shop worker gives to the employer an opting-out notice, the notice period under section 41(3) that applies in relation to the shop worker is varied as follows—

a if the notice period under that provision would have been one month, it becomes 7 days instead;

b if the notice period under that provision would have been three months, it becomes one month instead.

3 If the shop worker gives to the employer an objection notice, the relevant period under section 43ZA(2) that applies in relation to the shop worker is varied as follows—

a if the relevant period under that provision would have been one month, it becomes 7 days instead;

b if the relevant period under that provision would have been three months, it becomes one month instead.