Right not to suffer detriment for refusing Sunday work during the previous restricted hours

Orders of the Day — Licensing (Sunday Hours) Bill – in the House of Commons at 5:24 pm on 5th April 1995.

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10.—(1) Subject to sub-paragraphs (2) and (4) below, a protected or opted-out bar worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the bar worker refused, or proposed to refuse, to do bar work on Sunday or on a particular Sunday during the previously restricted hours.

(2) Sub-paragraph (1) above does not apply to anything done in relation to an opted-out bar worker on the ground that he refused, or proposed to refuse, to do bar work on any Sunday or Sundays during the previously restricted hours falling before the end of the notice period.

(3) Subject to sub-paragaph (4) below, a bar worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that he gave, or proposed to give, an opting-out notice to his employer.

(4) Sub-paragraphs (1) and (3) above do not apply where the detriment in question amounts to dismissal.

(5) For the purposes of this paragraph a bar worker who does not work on Sunday or on a particular Sunday during the previously restricted hours is not to be regarded as having been subjected to any detriment by—

  1. (a) any failure to pay remuneration in respect of bar work on a Sunday which he has not done,
  2. (b) any failure to provide him with any other benefit, where that failure results from the application, in relation to a Sunday on which the employee has not done bar work, of a contractual term under which the extent of that benefit varies according to the number of hours worked by the employee or the remuneration of the employee, or
  3. (c) any failure to provide him with any work, remuneration or other benefit which by virtue of paragraph 14 or 15 below the employer is not obliged to provide.

(6) Where an employer offers to pay a sum specified in the offer to any one or more employees who are protected or opted-out bar workers or who, under their contracts of employment, are not obliged to do bar work on Sunday during the previously restricted hours, if they agree to do bar work on Sunday or on a particular Sunday during the previously restricted hours—

  1. (a) an employee to whom the offer is not made is not to be regarded for the purposes of this paragraph as having been subjected to any detriment by any failure to make the offer to him or to pay him that sum, and
  2. (b) an employee who does not accept the offer is not to be regarded for those purposes as having been subjected to any detriment by any failure to pay him that sum.