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UK Law Reference
All sections of Employment Rights Act 1996
1996 c. 18, s.41A

Section 41A — Notice of objection by shop workers to working additional hours on Sunday

This version in force from 2016-05-04

Snapshot: 2026-08-24

Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .

(1) [F1 A shop worker may at any time give to his or her employer a written notice, signed and dated by the shop worker, to the effect that he or she objects to doing shop work for additional hours on Sunday.]

(2) [F1 In this Part—“additional hours” means any number of hours of shop work that a shop worker is (or could be) required to work under a contract of employment on Sunday that are (or would be) in excess of the shop worker's normal Sunday working hours; “objection notice” means a notice given under subsection (1).]

(3) [F1 The “normal Sunday working hours” of a shop worker are to be calculated in accordance with regulations.]

(4) [F1 Regulations under this section may provide—]

(a) [F1 for the calculation to be determined (for example) by reference to the average number of hours that the shop worker has worked on Sundays during a period specified or described in the regulations;]

(b) [F1 for a calculation of the kind mentioned in paragraph (a) to be varied in special cases;]

(c) [F1 for the right to give an objection notice not to be exercisable in special cases (and subsection (1) is subject to provision made by virtue of this paragraph).]

(5) [F1 Provision under subsection (4)(b) or (c) may, in particular, include provision—]

(a) [F1 about how the calculation of normal Sunday working hours is to be made in the case of a shop worker who has not been employed for a sufficient period of time to enable a calculation to be made as otherwise provided for in the regulations;]

(b) [F1 for the right to give an objection notice not to be exercisable by such a shop worker until he or she has completed a period of employment specified or described in the regulations.]

(6) [F1 But regulations under this section may not include provision preventing a shop worker who has been continuously employed under a contract of employment for a period of one year or more from giving to the employer an objection notice.]

(7) [F1 Regulations under this section may make different provision for different purposes.]

Amendment notes

  1. F1 Ss. 41A-41D inserted (4.5.2016 for specified purposes) by Enterprise Act 2016 (c. 12), s. 44(1)(d), Sch. 5 para. 3