Section 41D Failure to give explanatory statement under section 41B or 41CF1

(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.

Annotations

Textual amendments

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

Notes on the whole Act

Textual amendments

F1: Part 2B heading and s. 27C inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(a)