Effect of rights on contracts of employment

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

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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.