[41D Failure to give explanatory statement under section 41B or 41C]
[41D Failure to give explanatory statement under section 41B or 41C]

[(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

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