§ You have become employed as a betting 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 on any Sunday once three months have passed from the date on which you gave the notice.
§ Your notice must—
- be in writing;
- be signed and dated by you;
- say that you object to Sunday working.
- 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 Sunday or that you do not object to Sunday working and then agreeing with your employer to work on Sundays or on a particular Sunday.'
§ (5) The Secretary of State may by order amend the prescribed form set out in sub-paragraph (4) above.
§ (6) An order under sub-paragraph (5) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
§
Effect of rights on contracts of employment
12.—(1) Any contract of employment under which a betting worker who satisfies the conditions in paragraph 2(1)(a) and (b) above was employed on the day before the commencement date is unenforceable to the extent that it—
§ (2) Except as provided by sub-paragraph (3) below, any agreement entered into after the commencement date between a protected betting worker and his employer is unenforceable to the extent that it—
- (a) requires the betting worker to work on Sunday, or
- (b) requires the employer to provide the betting worker with work on Sunday.
§ (3) Where, after giving an opting-in notice, a protected betting worker expressly agrees as mentioned in paragraph 3(1)(b) above (and so ceases to be protected), his contract of employment shall be taken to be varied to the extent necessary to give effect to the terms of the agreement.
§ (4) The reference in sub-paragraph (2) above to a protected betting worker includes a reference to an employee who, although not a protected betting worker for the purposes of that sub-paragraph at the time when the agreement is entered into, is a protected betting 169 worker on the day on which she returns to work as mentioned in paragraph 10 of Schedule 13 of the 1978 Act (maternity).
§ 13.—(1) Where a betting worker gives his employer an opting-out notice, the contract of employment under which he was employed immediately before he gave that notice becomes unenforceable to the extent that it—
- (a) requires the betting worker to work on Sunday after the end of the notice period, or
- (b) requires the employer to provide the betting worker with work on Sunday after the end of that period.
§ Except as provided by sub-paragraph (3) below, any agreement entered into between an opted-out betting worker and his employer is unenforceable to the extent that it—
- (a) requires the betting worker to work on Sunday after the end of the notice period, or
- (b) requires the employer to provide the betting worker with work on Sunday after the end of that period.
§ (3) Where, after giving an opting-in notice, an opted-out betting worker expressly agrees as mentioned in paragraph 5(5)(b) above (and so ceases to be opted-out), his contract of employment shall be taken to be varied to the extent necessary to give effect to the terms of the agreement.
§ (4) The reference in sub-paragraph (2) above to a protected betting worker includes a reference to an employee who, although not a protected betting worker for the purposes of that sub-paragraph at the time when the agreement is entered into, is a protected betting worker on the day on which she returns to work as mentioned in paragraph 10 of Schedule 13 to the 1978 Act (maternity).
§ 14.If—
- (a) under the contract of employment under which a betting worker who satisfies the conditions in paragraph 2(1)(a) and (b) above was employed on the day before the commencement date, the employer is, or may be, required to provide him with work for a specified number of hours each week,
- (b) under that contract, the betting worker was or might have been required to work on Sunday before the commencement date, and
- (c) the betting worker has worked on Sunday in that employment (whether or not before the commencement date) but has, on or after the commencement date, ceased to do so.
§ 15.—(1) If—
- (a) under the contract of employment under which a betting worker who satisfies the conditions in paragraph 2(1)(a) and (b) above was employed on the day before the commencement date, the betting worker was or might have been required to work on Sunday before that date,
- (b) the betting worker has worked on Sunday in that employment (whether or not before the commencement date) but has, on or after the commencement date, ceased to do so, and
- (c) it is not apparent from the contract what part of the remuneration payable, or of any other benefit accruing, to the betting worker was intended to be attributable to work on Sunday, then, so long as the betting worker remains a protected betting worker, that contract shall be regarded as enabling the employer to reduce the amount of remuneration paid, or the extent of the other benefit provided, to the betting worker in respect of any period by the proportion which the hours of work which (apart from this Schedule) the betting worker could have been required to do on Sunday in the period (in this paragraph referred
170 to as "the contractual Sunday hours") bears to the aggregate of those hours and the hours of work actually done by the betting worker in the period.
§ (2) Where, under the contract of employment, the hours of work actually done on weekdays in any period would be taken into account in determining the contractual Sunday hours, they shall be taken into account in determining the contractual Sunday hours for the purposes of sub-paragraph (1) above.
§ Proceedings for contravention of paragraph 10
§ 16. Section 22B and 22C of the 1978 Act (which relate to proceedings brought by an employee on the ground that he has been subjected to a detriment in contravention of section 22A of that Act) shall have effect as if the reference in section 22B(1) to section 22A included a reference to paragraph 10 above.
§ Dismissal on grounds of assertion of statutory right
§ 17. In section 60A of the 1978 Act (dismissal on grounds of assertion of statutory right), in subsection (4)(a), after sub-paragraph (ii) there shall be inserted "or
§ (iii) Schedule 4A to the Betting, Gaming and Lotteries Act 1963".