Presentation by Ms. Maria Baumgartner, Founder
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Paragraph 2(1) of Schedule 1 to the Sunday Trading Act 1994 (which restricts Sunday opening at large shops) does not apply during the suspension period.
But Schedule 3 to that Act (which restricts loading and unloading at large shops on Sunday mornings) is to apply during the suspension period to any shop to which it would apply during that period were it not for the disapplication made by subsection (1).
“The suspension period” means the part of the London Olympics period which—
begins with Sunday 22 July 2012, and
ends with Sunday 9 September 2012.
“The London Olympics period” has the same meaning as in the London Olympic Games and Paralympic Games Act 2006 (see section 1(3) of that Act).
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Where a shop worker gives an opting-out notice in the pre-Games period that relates to work at an exempted large shop, section 41(3) of the Employment Rights Act 1996 has effect as if the notice period in relation to the shop worker were the period which—
begins with the day on which the notice is given, and
ends two months after that day, or with Saturday 21 July 2012 (if that is later).
Section 42(2) of that Act accordingly has effect in relation to the shop worker as if the reference to three months were a reference to the notice period as it is modified by subsection (1).
Where the opting-out notice includes an express statement to the effect that the shop worker objects to Sunday working only during the suspension period, the shop worker is to be treated for the purposes of that Act as having given an opting-in notice at the end of that period.
The “pre-Games period” is the period which—
begins with the day on which this Act is passed, and
ends with Monday 9 July 2012.
An “exempted large shop” is a shop to which paragraph 2(1) of Schedule 1 to the Sunday Trading Act 1994 would apply during the suspension period were it not for the disapplication made by section 1(1).
In this section—
“opting-in notice”, “opting-out notice” and “shop worker” each have the same meaning as in the Employment Rights Act 1996, and
“suspension period” has the meaning given in section 1(3).
Sections 1 and 2 are repealed immediately after the end of the suspension period (as defined by section 1(3)).
Subsection (3) applies in a case within section 2 where—
the opting-out notice was given less than three months before the end of the suspension period, and
section 42(2) of the Employment Rights Act 1996 (which sets out the case in which the notice period is to be one month beginning with the day on which the notice was given) does not apply.
For the purposes of section 41(3) of that Act, the notice period (which, as a result of the repeal made by subsection (1), reverts to being the period of three months beginning with the day on which the notice was given) is to be treated as ending immediately after that repeal.
This Act extends to England and Wales only.
This Act may be cited as the Sunday Trading (London Olympic Games and Paralympic Games) Act 2012.