Section 43 — Employment Rights Act 1996: Contractual requirements relating to Sunday work : opting-out notices .

Contractual requirements relating to Sunday work : opting-out notices . 43 1 Where a shop worker or betting worker gives his employer an opting-out notice, the contract of employment under which he was employed immediately before he gave that notice becomes unenforceable to the extent that it—

a requires the shop worker to do shop work, or the betting worker to do betting work, on Sunday after the end of the notice period, or b requires the employer to provide the shop worker with shop work, or the betting worker with betting work, on Sunday after the end of that period.

2 Subject to subsection (3), any agreement entered into between an opted-out shop worker, or an opted-out betting worker, and his employer is unenforceable to the extent that it—

a requires the shop worker to do shop work, or the betting worker to do betting work, on Sunday after the end of the notice period, or b requires the employer to provide the shop worker with shop work, or the betting worker with betting work, on Sunday after the end of that period.

3 Where, after giving an opting-in notice, an opted-out shop worker or an opted-out betting worker expressly agrees with his employer to do shop work or betting work on Sunday or on a particular Sunday (and so ceases to be opted-out), his contract of employment shall be taken to be varied to the extent necessary to give effect to the terms of the agreement. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 For the purposes of section 41(1)(b), the appropriate date—

a in relation to subsections (2) and (3) of this section, is the day on which the agreement is entered into, . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .