Sunday working and night working

The rules about Sunday working depend on the wording of each worker's employment contract, but special rules apply to shop and betting workers.

Shop workers

Shop workers in Northern Ireland have the right to refuse to work on Sundays and are protected against dismissal, selection for redundancy, or other detrimental treatment, eg refusal of promotion or training, or exclusion from a general pay rise or bonus.

The rules covering Sunday work apply only to employees and not other workers.

Betting shops

Prior to 2022 betting shops in Northern Ireland were prohibited from opening on a Sunday.

The Betting, Gaming, Lotteries, and Amusements (Northern Ireland) Order 1985 was amended by the introduction of the Betting, Gaming, Lotteries, and Amusements (Amendment) Act (Northern Ireland) 2022 to include Sunday opening, effective from 1 May 2022.

Shop workers protected from having to work on Sundays

Some shop workers are automatically protected from having to work on Sundays. In Northern Ireland, these are:

• shop workers who've been with the same employer since 4 December 1997 or earlier, even if they had previously agreed to a contract requiring them to work on Sunday
• betting workers who've been with the same employer since 26 February 2004 or earlier, even if they had previously agreed to a contract requiring them to work on Sunday
• shop workers whose contract of employment doesn't require Sunday working, but whose employer asks them to work on a Sunday

Employees who are automatically protected can give up this right only by giving a written, signed, and dated opting-in notice to their employer and then agreeing expressly on what Sunday work they are willing to do.

Opting out of Sunday working

All other shop workers can opt out of Sunday working if they want, giving three months' written notice without reason, known as an opting-out notice. During this notice period, the worker will still be obliged to do the Sunday work as per their contract of employment, obtaining the right not to work on Sunday from the end of the three-month period.

You may not dismiss or subject your worker to any other detriment during the opt-out notice period.

If you have any shop workers who are or may be, required to work on Sundays (but not only on Sundays) you must give them a written statement of statutory rights in relation to opting out of Sunday shop work (DOC, 28K). Statement of statutory rights in relation to opting out of Sunday betting work (DOC,12K), which you must issue to your workers if you require or ask them to work on a Sunday. This explains their opt-out right. If you fail to do this within two months of the start of their employment as a shop or betting worker, they only need to give one month's notice for opting out.

Shop workers who opt into Sunday working have the right to change their minds and opt-out.

The Sunday working rules apply irrespective of age, hours of work, or service length, but they don't apply to anyone employed to work on Sundays only - see seasonal and Sunday trading.

You should note that a shop worker is anyone who is required under their contract of employment to do shop work, which means work in or about a shop ie not necessarily serving customers on a day when the shop is open for the serving of customers.