Sunday Work – Employee Entitlements
Employment Contracts in relation to Sunday Work:
Where an employee is required to work on a Sunday it should be specifically stated in their contract of employment, otherwise it may be fairly assumed that Sunday is a rest day, as per the Organisation of Working Time Act.
Compensation in relation to Sunday Work:
The Act also specifies that employees who work on a Sunday must be compensated with a reasonable allowance, increase in pay, time off, or a combination of these.
Where confusion can occur, and conflict arise, is where the Act does not specify what or how much is considered to be a reasonable allowance or increase in pay for Sunday Work. The amount of premium paid will vary between industries and employment. However, for further guidance on what actually is considered as a reasonable premium, case law does provide useful assistance.
Some learning’s from previous decisions include:
- If a premium or increased pay is being paid it should be clearly set out, ideally in the contract of employment
- A rate of pay that exceeds the National Minimum wage is not automatically sufficient.
- Full-time and part-time staff may not be treated differently with regard to a Sunday premium.
- Payment in kind is not a premium, for example providing a meal on a Sunday would not be a reasonable allowance
- If an employee is employed to only work Sundays they will still be entitled to a Sunday premium.
A specific code of practice for Sunday work in the retail sector exists, employers within this sector should ensure they are familiar with the code.
