Part 7: Sunday Working Schedule 5: Sunday working New section 41B: Explanatory statement: persons who become shop workers
New section 41B will supersede section 42 of the Employment Rights Act 1996 as it applies to shop workers, in requiring employers to give shop workers a written explanatory statement about their Sunday working opt-out rights. The purpose of this provision is that new shop workers are made aware of their opt-out rights. The statement must be given to any new shop worker who is or may be required to do shop work on Sundays, within two months. The statement need not be provided if the shop worker has opted out of working on Sundays before the end of those two months. However, the statement would need to be provided if a shop worker who had previously opted out of Sunday working subsequently gave an opting-in notice and agreed to do shop work on Sunday (see section 41(2) of the Employment Rights Act 1996).
	The form and content of the statement will be set out in regulations made by the Secretary of State. It will inform shop workers about their right to opt out of working on Sundays and their right to object to working additional hours on Sundays. The regulations can prescribe different text for different types of shop worker, for example those who work at large and smaller shops. These regulations will be subject to the negative resolution procedure.
	New section 41B replaces section 42 of the Employment Rights Act 1996 insofar as the latter applies to shop workers. As a consequence, paragraph 4 of Schedule 5 amends section 42 of the Employment Rights Act so that it no longer applies to shop workers.