Part 7: Sunday Working Schedule 5: Sunday working New section 101ZA: Shop workers who refuse to work additional hours on Sunday
Paragraph 9 of Schedule 5 inserts section 101ZA into the Employment Rights Act 1996. It provides that the dismissal of a shop worker is unfair if the reason for the dismissal (or the principal reason) is:
that the shop worker gave (or proposed to give) an objection notice to the employer, objecting to working additional hours on Sundays; or
that the shop worker refused (or proposed to refuse) to do shop work for additional hours on a Sunday, having given an objection notice and waited for the notice period to elapse;
	Part 10 of the Employment Rights Act 1996 makes provision as to the remedies which apply to employees who are unfairly dismissed, and which would be available to the shop worker in this situation.
	Paragraph 10 of Schedule 5 amends section 108 of the Employment Rights Act 1996 to disapply the two year qualifying period of employment which usually applies to unfair dismissal claims.