42 Explanatory statement[: betting workers]
42 Explanatory statement[: betting workers]

(1)     Where a person becomes a shop worker or betting worker to whom section 40 applies, his employer shall, before the end of the period two months beginning with the day on which that person becomes such worker, give him a written statement in the prescribed form.

(2)     If—

(a)     an employer fails to comply with subsection (1) in relation to any shop worker or betting worker, and

(b)     the shop worker or betting worker, on giving the employer an opting-out notice, becomes an opted-out shop worker or an opted-out betting worker,

section 41(3) has effect in relation to the shop worker or betting worker with the substitution for “three months” of “one month”.

(3)     An employer shall not be regarded as failing to comply with subsection (1) in any case where, before the end of the period referred to that subsection, the shop worker or betting worker has given him an opting-out notice.

(4)     Subject to subsection (6), the prescribed form in the case of a shop worker is as follows—

“STATUTORY RIGHTS IN RELATION TO SUNDAY SHOP WORK

You have 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 a 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 the notice.

Your notice must—

be in writing;