Registration for Sunday Trading
The need to register a shop premises with the local authority for Sunday Trading ended in February 2004.
Although there is no longer any need to register a shop for Sunday Trading, the regulations as set out in The Sunday Trading Act 1994 still apply.
The following general guidance on the Sunday trading regulations is for the benefit of both businesses and employees.
See also:
The Dept of Trade & Industry, Guidance for Businesses  and Guidance on Workers' Rights
THE SUNDAY TRADING ACT - GUIDANCE FOR BUSINESSES
The Sunday Trading Act came into effect at the end of August, 1994
It removed all restrictions on Sunday trading from all small shops (and certain larger ones) but permitted other large shops to open for six hours on Sundays.
In addition, it contains measures designed to protect shop workers from dismissal or discrimination for refusing to work on Sundays and allows local councils to control noise from early morning deliveries to large shops.
Sunday Trading - Hours & Conditions
The hours and conditions for Sunday trading are dependant upon the size of the shop and the articles or goods which are for sale.
The act allows all small shops and certain larger ones to open on Sundays.
You must remain closed on Easter Sunday and on Christmas Day when it falls on a Sunday.
Small shops - sales area up to 280 square metres.
The Sunday Trading Act classes a ‘small shop’ as anything with an internal sales and display area below 280 square metres (approx 3000 square feet).
This area does not include stockrooms, offices, toilets, etc and is purely the area of the part of your premises where customers are served and any display area which you may have.
Only the internal area is measured so it maybe possible to have a large outdoor display area and still be classed as a small shop.
The hours of opening for Sunday Trading in small shops are unrestricted.
Large Shops - sales area greater than 280 square metres.
The Sunday Trading Act restricts the hours of opening for shops with a floor area above 280 square meters.
Large shops can only open for Sunday trading for a maximum period of six continuous hours between the hours of 10 am and 6 pm.
The Sunday Trading Act does allow certain large shops to open for longer than 6 continuous hours, but only if they are: -
- Farm shops selling produce of the farm
- Off licences
- Motor and cycle spares and accessory shops
- a registered pharmacy
- shops at ports or airports
- shops at motorway service areas
- petrol stations
- shops supplying food and goods for vessels or air craft
- stands retailing goods at an exhibition
Noise and Disturbance
The Sunday Trading Act gives the Basildon Council powers to designate its area as what is called a ‘’Loading control area’’.
The effect of this is to prohibit loading and unloading of goods at large shops before 9:00am on Sundays unless the occupier of the shop has been given consent to do so.
Consent would only be given after consulting with both the occupier of the shop and local residents.
Any consent given would impose reasonable conditions to prevent any excess of noise and disturbance.
For further information for businesses regarding The Sunday Trading Act, visit The Dept of Trade and Industry
THE SUNDAY TRADING ACT - GUIDANCE ON WORKERS' RIGHTS
Please note: Basildon District Council does not enforce this part of the Act. Any complaints or grievances would need to be dealt with via a private solicitor.
The Sunday Trading Act creates two new rights for shop workers, who are either ‘’protected shop workers ‘’ or ‘’opted out shop workers’’.
The new rights given are: -
- the right not to be dismissed or made redundant for refusing to work on Sundays
- the right not to be discriminated against in the payment of bonuses or in obtaining promotion for refusing to work Sundays
The new rights do not apply to persons who only work on Sundays
Opting Out of Sunday Working - Protected and Opted Out Shop Workers
A Protected Shop Worker is a person:
- who was employed as a shop worker before the Sunday Trading Act commencement date of August 26 1994
- who was not at that date employed only to work on Sundays
- who has been continuously employed since that date as a shop worker
Opted Out Shop Worker is a person:
- who has given notice (called an Opting Out Notice) to his employer that he/she objects to working on a Sunday.
The shop worker, whether protected or unprotected, must give their employer three months notice of their objection.
There is no actual Opting Out form to be completed but notice must be in writing to the employer.
The written notice to the employer must be signed and dated by the worker and to the effect that the shop worker objects to working on a Sunday.
Opting back in at a later date
If at a later date, the shop worker decides that they would, after all, like to work on a Sunday then the Act allows them to reverse their previous decision by giving their employer what is called an Opting in Notice which basically says that they now wish to work or have no objection to working on a Sunday. As with opting out, written notice to the employer must be signed and dated by the worker and to the effect that the worker no longer objects to working on a Sunday.
New Workers
In the case of new shop workers who have to work or may have to work on Sundays the employer should give the worker a written statement informing them of their rights under the Act within two months of starting work.
For further information regarding workers' rights and The Sunday Trading Act, visit The Dept of Trade and Industry
Printed below is an example of the statement of statutory rights that newly employed shop workers, who may be expected to work on a Sunday, should receive from their employer within 2 months of starting work.
| NEW EMPLOYEES STATUTORY RIGHTS IN RELATION TO SUNDAY SHOP WORK |
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You have now become employed as a shop worker and are, or can be, required under your contract of employment to do the Sunday work your contract provides for.
However, if you wish, you can give notice, as described in the next paragraph, to your employer and you will then have the right not to work in or about a shop on any Sunday on which the shop is open once three months have passed from the date on which you gave notice.
Your notice must: -
- Be in writing
- Be signed and dated by you
- Say that you object to Sunday working
For three months after you give notice, you employer can still require you to do all the Sunday work your contract provides for. After the three month period has ended you have the right to complain to an industrial tribunal if, because of your refusal to work on Sundays on which the shop is open, you employers-Dismisses you, or does something else detrimental to you, for example failing to promote you.
Once you have the rights described, you can surrender them only by giving your employer a further notice, signed and dated by you, saying that you wish to work on Sundays or that you do not object to Sunday working and then agreeing with your employer to work on Sundays or on a particular Sunday. |
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