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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Is a beauty therapist classed as a shop worker?

Resolved Question:

Is a beauty therapist classed as a shop worker?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me if you have any qualifications in this field and how long have you been doing this please.
Customer: replied 2 years ago.

Hi. I'm NVQ2 qualified and have been working for my employer (self employed) since October 2014. Since the 1st June this year I have become employed and have just received my contract stating that I must work one saturday and one sunday a month. I have never been asked before to work a sunday. The business is a day spa where we provide beauty treatments, refreshments, afternoon teas and also a three course meal some evenings and also we are expected to sell products. I want to know if I am classed as a shop worker so that I can write to my employer saying that I would like to opt out of sunday work.

Expert:  Ben Jones replied 2 years ago.
Thank you for that information please leave this with me and I will get my advice ready for you on how to proceed with this. I will get back to you ASAP There is no need to wait on here I will email you when ready regards Ben.
Customer: replied 2 years ago.

Ok thank you.

Jill

Expert:  Ben Jones replied 2 years ago.
thank you I will get back ASAP.
Expert:  Ben Jones replied 2 years ago.
Hello Jill, the right to opt out of working on Sundays only applies to shop workers and betting workers. Whilst these terms are not defined in law, a shop worker would be someone who actually works in a retail shop, for example a supermarket, a High Street store, a newsagent and any other employer where the primary purpose of the business is retail, i.e. selling products. I would not say that your employment is that of a shop worker. You do not work for a retail shop. You work for a day spa – it provides services, such as treatments and food, its purpose is not the retail of merchandise. You may sell products on the side but that is just a small part of the business, it does not make it a shop. So in the circumstances you would not be able to rely on the Employment Rights Act 1996 to be able to opt out of Sunday working unfortunately. If you are contracted to work on Sundays (or just occasional Sundays) then you would be expected to do so. If you refuse then the employer could potentially discipline you and even dismiss you, especially as you do not have 2 years service with them as an employee, which means you are not protected against unfair dismissal.
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