Part 7: Sunday Working Schedule 5: Sunday working New section 45ZA: Sunday working for shop workers: additional hours
Paragraph 7 inserts new section 45ZA into the Employment Rights Act 1996. New section 45ZA gives a shop worker the right not to be subjected to detriment on the grounds that either:
the shop worker gave an objection notice refusing to work additional hours on Sunday, or proposed to give an objection notice refusing to work additional hours on Sunday, or
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.
	New section 45ZA clarifies that the following are not covered by the right not to be subjected to detriment:
where the detriment amounts to dismissal, because that is addressed separately by new section 101ZA;
A failure by the employer to pay the shop worker for additional Sunday hours that the shop worker did not work;
A failure by the employer to provide other benefits relating specifically to additional Sunday hours that the shop worker did not work.
	Subsections (7) to (9) relate to the situation in which an employer offers to pay a shop worker to work additional hours on one or more Sundays, either as voluntary overtime (i.e. hours that the shop worker is not contractually obliged to work) or where the shop worker has opted out of working additional hours on Sundays. They clarify that in this situation, it does not count as detriment if:
the shop worker turns down the offer and therefore the employer does not pay the amount offered; nor if
a different shop worker is not given the same offer.
	Paragraph 8 of Schedule 5 amends section 48 of the Employment Rights Act 1996 so that a shop worker may present a complaint to an employment tribunal if he or she has been subjected to detriment on the grounds set out above.