May 29, 2012

Testing the water? Sunday trading restrictions suspended during Olympics

Shops in England and Wales that usually have their Sunday trading hours restricted will be able to open for longer for the duration of the Olympic period this summer – eight weeks from 22nd July to 9th September.

On 1st May, The Sunday Trading (London Olympic Games and Paralympic Games) Bill received Royal Assent following its fast-track through Parliament. During the eight week period of the Olympic and Paralympic Games those shops with a floor space of more than 280 square feet will not have their trading opening hours restricted. Shop owners should note however that restrictions on loading and unloading on Sunday mornings will apply these shops.

Commentators have suggested that the Government’s temporary removal of Sunday trading restrictions is a step towards permanent removal of the restrictions, however the government has stressed this is not the case.

Owners and managers of affected shops should be aware of the implications of these measures on employment practices and in particular the notice period an employee must give an employer if they wish to opt out of Sunday working during the Games.

Under current legislation those working in shops or in the betting industry can opt out of having to work on a Sunday by giving the employer three months written notice. If the employer did not inform an employee of this right within 2 months of starting work, then the employee need only give one month notice in order to opt out.

Due to the temporary relaxing of Sunday trading hours during the Olympics, employee notice periods to opt out of Sunday working have been shortened to as little as two months.

Employers looking to take advantage of the relaxed Sunday trading laws but unsure of how they should deal with employees over the period can contact David Dixey, Holmes & Hills Solicitors’ Employment Law specialist, on 01376 320456 (Essex) or 01787 275275 (Suffolk).

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