This article looks at the different aspects of Sunday working and Sunday pay.
What rules apply to working on Sunday?
Having to work on a Sunday depends on whether it’s mentioned in either the person’s:
- employment contract
- written statement of terms and conditions
A worker cannot be made to work on Sundays unless they agreed it with their employer and put it in writing (for example, changed the contract).
You should check either your contract of employment or written statement of terms and conditions to see if you must work on Sundays or would have to if you were asked. If it says so, you’ll have to work on Sundays. If it doesn’t, then the only way of making you work on that day is by a change to your contract.
Can you refuse to work a Sunday?
Staff do not have to work on Sundays if they’re:
- shop workers who started with their employer on or before 26th August 1994 (in Northern Ireland, this is on or before 4th December 1997)
- betting shop workers who started with their employer on or before 2nd January 1995 (in Northern Ireland, this is on or before 26th February 2004)
All relevant staff should be told about these Sunday working rights when they first start work.
Opting out of Sunday working
All shop and betting shop workers can opt-out of Sunday working unless Sunday is the only day they have been employed to work on.
They can opt out of Sunday working at any time, even if they agreed to it in their original contract.
Shop and betting shop workers must:
- give their employer 3 months’ notice that they want to opt out
- continue to work on Sundays during the 3 month notice period if their employer wants them to
An employer of shop staff who needs them to work on Sundays must tell their staff in writing that they can opt out of Sunday working. They must do this within 2 months of the person starting work for them – if they do not, then the employee only needs to give 1 month’s notice to opt out. There are protections for those who opt-out.
An employee cannot be dismissed or treated unfairly for choosing not to work on Sundays.
There is no automatic right for workers to have public holidays off, including Christmas Day and Easter Sunday, unless it’s in their contract.
Should you be paid more for working in Sunday?
There is often a misconception that an employee has right to special payments when they work a Sunday.
Employers only have to pay staff more for working on Sundays if it has been agreed as part of the employment terms of the contract.
There is no statutory right to double pay or time and a half or even another day off in lieu.
Those rights are not general and would only be covered by specific terms in a contract of employment, terms and conditions and agreement with the employer.
Extra pay for working public holidays is optional, unless it is stated in an employee’s contract.
If I’m religious do I have a right to days without work?
Simply the answer is no if you have a contract of employment that requires work on such days then working is expected. However, you may be able to request a days leave as part of your holiday entitlements.
Employers are not obliged to provide time off for religious observance. But they should consider all requests properly and take into consideration the organisation’s annual leave policy. If it is reasonable and practical to do so, an employer should accept such requests.
What happens when pay day falls on Sunday?
Or for that matter, a Saturday, Bank Holiday or other non-banking day!
This will depends on the terms and conditions associated with the contractual terms. With faster payments capability increasing, for some payments on weekends and bank holidays are still possible, however, the receiving bank may add a delay to a standard banking day. However, payment on non-banking days is not supported by the general funds transfer capability BACS which is often used for payroll payments.
For some employers, payments may be made on the prior banking day such as the Friday and at Easter the Thursday before Good Friday.
For other employers, the payment may be on the next banking day such as Monday or at Easter the Tuesday after Easter Monday. Other adjustments may occur for Christmas with some employer paying early.
PAYadvice.UK 14/4/2023 updated 28/7/2024