Paragraph 3

(1)

Any contract of employment under which a shop worker who satisfies paragraph 2(2)(a) was employed on the day before the commencement date is unenforceable to the extent that it—

(a)

requires the shop worker to do shop work on Sunday on or after that date, or

(b)

requires the employer to provide the shop worker with shop work on Sunday on or after that date.

(2)

Subject to paragraph (3), any agreement entered into after the commencement date between a protected shop worker and his employer is unenforceable to the extent that it—

(a)

requires the shop worker to do shop work on Sunday, or

(b)

requires the employer to provide the shop worker with shop work on Sunday.

(3)

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

Sub‐para. (4) rep. by 1999 NI 9

(5)

For the purposes of paragraph 2(2)(b), the appropriate date—

(a)

in relation to sub-paragraphs (2) and (3), is the day on which the agreement is entered into;F1. . .

Paragraph 3

Annotations

Textual amendments

Notes on the whole Order

Textual amendments

Notes on Schedule 2

Textual amendments