41 Opted-out shop workers and betting workers

(1)     Subject to subsection (2), a shop worker or betting worker is regarded as “opted-out” for the purposes of any provision of this (and only if)—

(a)     he has given his employer an opting-out notice,

(b)     he has been continuously employed during the period beginning with the day on which the notice was given 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

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