Effect of rights on contracts of employment

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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12.—(1) Any contract of employment under which a bar worker who satisfies the conditions in paragraph 2(2)(a) and (b) above was employed on the day before the commencement date is unenforceable to the extent that it—

  1. (a) requires the bar worker to do bar work on Sunday during the previously restricted hours on or after the commencement date, or
  2. (b) requires the employer to provide the bar worker with bar work on Sunday during the previously restricted hours on or after that date.

(2) Except as provided by sub-paragraph (3) below, any agreement entered into after the commencement date between a protected bar worker and his employer is unenforceable to the extent that it

  1. (a) requires the bar worker to do bar work on Sunday during the previously restricted hours, or
  2. (b) requires the employer to provide the bar worker with bar work on Sunday during the previously restricted hours.

(3) Where, after giving an opting-in notice, a protected bar worker expressly agrees as mentioned in paragraph 3(1)(b) above (and so ceases to be protected), his contract of employment shall be taken to be varied to the extent necessary to give effect to the terms of the agreement.

(4) The reference in sub-paragraph (2) above to a protected bar worker includes a reference to an employee who, although not a protected bar worker for the purpose of that sub-paragraph at the time when the agreement is entered into, is a protected bar worker on the day on which she returns to work as mentioned in paragraph 10 of Schedule 13 to the 1978 Act (maternity).

13.—(1) Where a bar worker gives his employer an opting-out notice, the contract of employment under which he was employed immediately before he gave that notice becomes unenforceable to the extent that it—

  1. (a) requires the bar worker to do bar work on Sunday during the previously restricted hours after the end of the notice period, or
  2. (b) requires the employer to provide the bar worker with bar work on Sunday during the previously restricted hours after the end of that period.

(2) Except as provided by sub-paragraph (3) below, any agreement entered into between an opted-out bar worker and his employer is unenforceable to the extent that it—

  1. (a) requires the bar worker to do bar work on Sunday during the previously restricted hours after the end of the notice period, or
  2. (b) requires the employer to provide the bar worker with bar work on Sunday during the previously restricted hours after the end of that period.

(3) Where, after giving an opting-in notice, an opted-out bar worker expressly agrees as mentioned in paragraph 5(5)(b) above (and so ceases to be opted-out), his contract of employment shall be taken to be varied to the extent necessary to give effect to the terms of the agreement.

(4) The reference in sub-paragraph (2) above to an opted-out bar worker includes a reference to an employee who, although not an opted-out bar worker for the purposes of that sub-paragraph at the time when the agreement is entered into, had given her employer an opting-out notice before that time and is an opted-out bar worker on the day on which she returns to work as mentioned in paragraph 10 of Schedule 13 to the 1978 Act (maternity).

14. If—

  1. (a) under the contract of employment under which a bar worker who satisfies the conditions in paragraph 2(2)(a) and (b) above was employed on the day before the commencement date, the employer is, or may be, required to provide him with bar work for a specified number of hours each week,
  2. (b) under that contract, the bar worker was or might have been required to work on Sunday during the previously restricted hours before the commencement date, and
  3. (c) the bar worker has done bar work on Sunday during the previously restricted hours in that employment (whether or not before the commencement date) but has, on or after the commencement date, ceased to do so,
then, so long as the bar worker remains a protected bar worker, that contract shall not be regarded as requiring the employer to provide him with bar work on weekdays in excess of the hours normally worked by the bar worker on weekdays before he ceased to do bar work on Sunday during the previously restricted hours.

15.—(1) If—

  1. (a) under the contract of employment under which a bar worker who satisfies the conditions in paragraph 2(2)(a) and (b) above was employed on the day before the commencement date, the bar worker was or might have been required to work on Sunday during the previously restricted hours before that date,
  2. (b) the bar worker has done bar work on Sunday during the previously restricted hours in that employment (whether or not before the commencement date) but has, on or after the commencement date, ceased to do so, and
  3. (c) it is not apparent from the contract what part of the remuneration payable, or of any other benefit accruing, to the bar worker was intended to be attributable to such work,
then, so long as the bar worker remains a protected bar worker, that contract shall be regarded as enabling the employer to reduce the amount of remuneration paid, or the extent of the other benefit provided, to the bar worker in respect of any period by the proportion which the hours of bar work which (apart from this Schedule) the bar worker could have been required to do on Sunday during the previously restricted hours in the period (in this paragraph referred to as "the contractual Sunday hours") bears to the aggregate of those hours and the hours of work actually done by the bar worker in the period.

(2) Where, under the contract of employment, the hours of work actually done on weekdays in any period would be taken into account in determining the contractual Sunday hours, they shall be taken into account in determining the contractual Sunday hours for the purposes of sub-paragraph (1) above.