Part 7: Sunday Working Schedule 5: Sunday working New Section 41D: Failure to give explanatory statement under section 41B or 41C
Section 41D reduces the notice period that applies to shop workers’ opt-out rights, in the case where the employer has not provided an explanatory statement as required by section 41B or 41C.
	The right to opt out of Sunday working under section 40 and the right to object to additional hours on Sundays under section 41A take effect only when a notice period has elapsed. The notice period which applies to both opt-out rights is one month for a shop worker at a large shop or three months for a shop worker who only ever works at a smaller shop – as explained above (under "Employment Rights Act 1996") in relation to opting out of Sunday working, and below (under "New section 43ZA") in relation to objecting to working additional hours on Sundays. However, section 41D provides that if the employer fails to comply with the requirement to give the shop worker an explanatory statement within the specified two month period, under section 41B or 41C, then the relevant notice period is reduced:
from 1 month to 7 days, for a shop worker at a large shop;
from 3 months to 1 month, for a shop worker who only ever works at a smaller shop.