Sunday Working (Scotland) Act 2003
Encyclopedia
The Sunday Working Act 2003 (c.18) is an Act
of the Parliament of the United Kingdom
. The aim of the Act was to close an anomaly in employment law in the United Kingdom
, whereby shopworkers in England and Wales
had the legal right to refuse to work on a Sunday, when shopworkers in Scotland
did not enjoy this right.
The anomaly arose from the different legislation in force in Scotland and the rest of the UK regarding Sunday trading. In Scotland, there was never any legislation preventing Sunday trading, and shops could choose their own opening hours. However, Sunday trading was illegal in England and Wales under the Shops Act 1950. In practice, Scottish shops did not usually open on a Sunday as a matter of custom.
Towards the end of the 20th century, demand for Sunday trading increased, and many Scottish shops began to open on a Sunday. An Act of Parliament, the Sunday Trading Act 1994
was passed to allow shops to trade on a Sunday in England and Wales, subject to certain conditions. The 1994 Act also gave shopworkers in England and Wales the right to refuse to work on a Sunday (unless their contract was for work solely on a Sunday). However as the Act did not extend to Scotland, the same rights were not enjoyed by Scottish shopworkers.
Despite the differences most retailers did not force Sunday working on staff in Scotland and, generally, they were treated the same as staff in the rest of the UK, particularly the Scottish staff of UK wide chains. However, in 2001, the retail chain, Argos
sparked fury in Scotland when they sacked several Scottish employees for refusing to work on a Sunday. Although they later backed down, several Scottish MPs raised questions on the different legal rights between the different parts of the UK, and demanded that the right to refuse to work on a Sunday be enjoyed by workers in Scotland also. Thus, a Private Member's Bill
was laid before Parliament by Malcolm Savidge
, MP for Aberdeen North
. It successfully passed Parliament and received its Royal Assent
on July 10, 2003.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. The aim of the Act was to close an anomaly in employment law in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, whereby shopworkers in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
had the legal right to refuse to work on a Sunday, when shopworkers in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
did not enjoy this right.
The anomaly arose from the different legislation in force in Scotland and the rest of the UK regarding Sunday trading. In Scotland, there was never any legislation preventing Sunday trading, and shops could choose their own opening hours. However, Sunday trading was illegal in England and Wales under the Shops Act 1950. In practice, Scottish shops did not usually open on a Sunday as a matter of custom.
Towards the end of the 20th century, demand for Sunday trading increased, and many Scottish shops began to open on a Sunday. An Act of Parliament, the Sunday Trading Act 1994
Sunday Trading Act 1994
The Sunday Trading Act 1994 is an Act of Parliament in the United Kingdom governing the right of shops in England and Wales to trade on a Sunday...
was passed to allow shops to trade on a Sunday in England and Wales, subject to certain conditions. The 1994 Act also gave shopworkers in England and Wales the right to refuse to work on a Sunday (unless their contract was for work solely on a Sunday). However as the Act did not extend to Scotland, the same rights were not enjoyed by Scottish shopworkers.
Despite the differences most retailers did not force Sunday working on staff in Scotland and, generally, they were treated the same as staff in the rest of the UK, particularly the Scottish staff of UK wide chains. However, in 2001, the retail chain, Argos
Argos (retailer)
Argos is the largest general-goods retailer in the United Kingdom and Ireland with over 800 stores. It is unique amongst major retailers in the UK in that it is a catalogue merchant...
sparked fury in Scotland when they sacked several Scottish employees for refusing to work on a Sunday. Although they later backed down, several Scottish MPs raised questions on the different legal rights between the different parts of the UK, and demanded that the right to refuse to work on a Sunday be enjoyed by workers in Scotland also. Thus, a Private Member's Bill
Private Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
was laid before Parliament by Malcolm Savidge
Malcolm Savidge
Malcolm Kemp Savidge is a politician in the United Kingdom. He was Labour Party member of Parliament for Aberdeen North, in Scotland, from the 1997 general election until he stood down at the 2005 general election....
, MP for Aberdeen North
Aberdeen North (UK Parliament constituency)
Aberdeen North is a burgh constituency of the House of Commons of the Parliament of the United Kingdom, and it elects one Member of Parliament by the first past the post system of election...
. It successfully passed Parliament and received its Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on July 10, 2003.