Part IV Sunday Working for Shop and Betting Workers (ss 36-[43ZB)
Part IV Sunday Working for Shop and Betting Workers (ss 36-[43ZB)

36 Protected shop workers and betting workers

(1)     Subject to subsection (5), a shop worker or betting worker is to be regarded as “protected” for the purposes of any provision of this Act if (and only if) subsection (2) or (3) applies to him.

(2)     This subsection applies to a shop worker or betting worker if—

(a)     on the day before the relevant commencement date he was employed as a shop worker or a betting worker but not to work only on Sunday,

(b)     he has been continuously employed during the period beginning with that day and ending with the day which, in relation to the provision concerned, is the appropriate date, and

(c)     throughout that period, or throughout every part of it during which his relations with his employer were governed by a contract of employment, he was a shop worker or a betting worker.

(3)     This subsection applies to any shop worker or betting worker whose contract of employment is such that under it he—

(a)     is not, and may not be, required to work on Sunday, and

(b)     could not be so required even if the provisions of this Part were disregarded.

(4)     Where on the day before the relevant commencement date an employee's relations with his employer had ceased to be governed by a contract of employment, he shall be regarded as satisfying subsection (2)(a) if—

(a)     that day fell in a week which counts as a period of employment with that employer under section 212(2) or (3) or under regulations under section 219, and