Shops Act 2000

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/2000/2000-0007/ShopsAct2000_1.pdf
Published: 2012-09-01

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Shops Act 2000

c i e
AT 7 of 2000

SHOPS ACT 2000

Shops Act 2000 Index


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c i e
SHOPS ACT 2000

Index Section Page

PART I – INTERPRETATION 5

1 Interpretation ................................................................................................................... 5
PART II – PROHIBITION ON OPENING OF SHOPS ON CHRISTMAS

DAY 6

2 No opening of shops on Christmas day ...................................................................... 6
3 Enforcement ..................................................................................................................... 7
PART III – RIGHTS OF SHOP WORKERS AS RESPECTS SUNDAY

WORKING 7

4 Meaning of ‘protected shop worker’ ............................................................................ 7
5 Protected shop worker: exceptions .............................................................................. 8
6 Notice of objection to Sunday working ....................................................................... 9
7 Meaning of ‘opted-out shop worker’ ........................................................................... 9
8 Meaning of ‘notice period’ .......................................................................................... 10
9 Right not to be dismissed for refusing Sunday work .............................................. 10
10 Redundancy ................................................................................................................... 11
11 Exclusion of section 111 of Employment Act 2006 ................................................... 11
12 Right not to suffer detriment for refusing Sunday work ........................................ 11
13 Employer’s duty to give explanatory statement ...................................................... 12
14 Effect of rights on contracts of employment ............................................................. 14
15 Contractual requirements relating to Sunday work ................................................ 14
16 Contracts with guaranteed hours ............................................................................... 15
17 Reduction of pay, etc .................................................................................................... 15
18 Complaints to the Employment Tribunal ................................................................. 16
19 Remedies ........................................................................................................................ 16
20 Restrictions on contracting out of Part III ................................................................. 17
21 [Repealed] ...................................................................................................................... 17
22 Application of certain provisions of 2006 Act .......................................................... 17
Index Shops Act 2000


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PART IV – SHOP WORKERS’ HOURS 18

23 Shop workers’ hours .................................................................................................... 18
PART V – SUPPLEMENTARY AND GENERAL 18

24 Offences by bodies corporate ..................................................................................... 18
25 [Repealed] ...................................................................................................................... 19
26 Repeals ........................................................................................................................... 19
27 Short title and commencement ................................................................................... 19
ENDNOTES 21

TABLE OF LEGISLATION HISTORY 21
TABLE OF RENUMBERED PROVISIONS 21
TABLE OF ENDNOTE REFERENCES 21

Shops Act 2000 Section 1


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c i e
SHOPS ACT 2000

Received Royal Assent: 20 June 2000
Passed: 20 June 2000
Commenced —
for purposes of s5(5) and(6) 26 June 2000
for all other purposes 1 August 2000
AN ACT
to abolish the regulation of shop hours on Sundays; to make new
provisions for the rights of shop workers as respects opening on Sundays, etc;
and for connected purposes.
PART I – INTERPRETATION

1 Interpretation

(1) In this Act —
“the 2006 Act
” means the Employment Act 2006;1

“the commencement date
” means the day on which this Act comes into
operation;
“contract of employment
” means a contract with an employer, expressed or
implied, oral or in writing, and whether it be a contract of service or of
apprenticeship;
“dismissal
” has the same meaning as in Part X of the 2006 Act;2

“notice period
”, in relation to an opting-out notice, has the meaning given by
section 8;
“occupier of a shop
” includes the person by whom the retail trade or business is
carried on;
“opted out
”, in relation to a shop worker, shall be construed in accordance with
section 7;
“opting-in notice
” has the meaning given by section 5(2);
“opting-out notice
” has the meaning given by section 6(3);
Section 2 Shops Act 2000


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“protected
”, in relation to a shop worker, shall be construed in accordance with
sections 4 and 5;
“retail trade or business
” includes the business of a barber or hairdresser, the
sale of refreshments, the business of lending books, periodicals or other
articles when carried on for the purposes of gain, and retail sales by
auction, but does not include —
(a) the sale of medicines and medical or surgical appliances at any
premises registered under section 40 of the Medicines Act 2003; or3

(b) the sale of refreshments to those residing in, dining at or
otherwise making bona fide use of the facilities provided by,
hotels, guest houses or restaurants; or
(c) the sale of programmes, catalogues and refreshments to those
attending a production at a theatre, cinema or similar place of
amusement;
“shop
” includes any premises, stall, vehicle or place in or from which any retail
trade or business is carried on;
“shop work
” means the work of a shop worker;
“shop worker
” means any person wholly or mainly employed in a shop in
connection with the serving of customers or the receipt of orders or the
dispatch of goods;
“Sunday
” includes Christmas Day and Good Friday;
“week
” means the period between midnight on Saturday night and midnight
on the succeeding Saturday night.
(2) Section 169 and Schedule 5 (computation of period of continuous
employment) and section 173 (general interpretation) of the 2006 Act,
shall have effect for the purposes of this Act as they have effect for the
purposes of that Act.4

(3) and (4) [Repealed]5

PART II – PROHIBITION ON OPENING OF SHOPS ON

CHRISTMAS DAY

2 No opening of shops on Christmas day

(1) Every shop shall be closed for the serving of customers on Christmas
Day.
(2) If the occupier of a shop fails to comply with subsection (1) he shall be
guilty of an offence and shall be liable on summary conviction to a fine of
£2,500.
Shops Act 2000 Section 3


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3 Enforcement

(1) The Isle of Man Office of Fair Trading is responsible for the enforcement
of this Part.
(2) The provisions of the Consumer Protection (Trade Descriptions) Act 1970
specified in paragraphs (a) to (d) apply in relation to the enforcement of
section 2 by the Isle of Man Office of Fair Trading as they apply in
relation to the enforcement of that Act by that Office —
(a) section 27 (power to make test purchases),
(b) section 28 (power to enter premises and inspect and seize goods
and documents),
(c) section 29 (obstruction of inspectors), and
(d) section 33 (compensation for loss, etc. of goods seized under
section 28),
and in the application of those sections for the purposes of this section,
references in those sections to ‘an inspector’ shall include a person
authorised in writing by the Isle of Man Office of Fair Trading for the
purpose.
PART III – RIGHTS OF SHOP WORKERS AS RESPECTS

SUNDAY WORKING

4 Meaning of ‘protected shop worker’

(1) Subject to section 5, a shop worker is to be regarded for the purposes of
this Part as ‘protected’ if, and only if, subsection (2) or (3) applies to him.
(2) This subsection applies to a shop worker if —
(a) on the day before the commencement date, he was employed as a
shop worker,
(b) on that day, he was not employed to work only on Sunday,
(c) he has been continuously employed during the period beginning
with that day and ending with the appropriate date, and
(d) throughout that period, or throughout every part of it during
which his relations with his employer were governed by a
contract of employment, he was a shop worker.
(3) This subsection applies to any shop worker whose contract of
employment is such that under it he —
(a) is not, and may not be, required to work on Sunday, and
(b) could not be so required even if the provisions of this Part were
disregarded.
(4) In subsection (2)(c), ‘the appropriate date’ means —
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(a) in relation to sections 9 and 10, the effective date of termination,
(b) in relation to section 12, the date of the act or failure to act,
(c) in relation to section 14(2) and (3), the day on which the
agreement is entered into,
(d) [Repealed]6

(e) in relation to section 16, any time in relation to which the contract
is to be enforced, and
(f) in relation to section 17, the end of the period in respect of which
the remuneration is paid or the benefit accrues.
(5) [Repealed]7

(6) For the purposes of subsection (4)(b) —
(a) where an act extends over a period, the ‘date of the act’ means the
first day of the period, and
(b) a deliberate failure to act shall be treated as done when it was
decided on,
and in the absence of evidence establishing the contrary, an employer
shall be taken to decide on a failure to act when he does an act
inconsistent with doing the failed act or, if he has done no such
inconsistent act, when the period expires within which he might
reasonably have been expected to do the failed act if it was to be done.
(7) Where on the day before the commencement date an employee’s
relations with the employer have ceased to be governed by a contract of
employment, the employee shall be regarded as satisfying the condition
in subsection (2)(b) if —
(a) that day falls in a week which counts as a period of employment
with that employer under paragraph 4 of Schedule 5 to the 2006
Act (absence from work because of sickness etc.), and8

(b) under the original contract of employment, the employee was a
shop worker and was not employed to work only on Sunday.9

5 Protected shop worker: exceptions

(1) A shop worker is not a protected shop worker if —
(a) on or after the commencement date, his employer has given him
an opting-in request; and
(b) not less than 7 days nor more than 21 days after receiving that
request, the shop worker has given his employer an opting-in
notice; and
(c) after giving that notice, he has expressly agreed with his employer
to do shop work on Sunday or on a particular Sunday.
Shops Act 2000 Section 6


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(2) Unless all the requirements imposed by or under this section are
complied with, the opting-in notice is void.
(3) In this section, ‘opting-in request’ means a written request in which the
employer requests a shop worker to give an opting-in notice under
subsection (1)(b).
(4) In this Part, ‘opting-in notice’ means a written notice, signed and dated
by the shop worker, in which the shop worker expressly consents to the
opting-in request and states that he wishes to work on Sunday or that he
does not object to Sunday working.
(5) The Department of Economic Development shall by order prescribe the
form of opting-in requests and opting-in notices and the particulars and
information to be included in them.10

(6) An order under subsection (5) shall be laid before Tynwald.
6 Notice of objection to Sunday working

(1) This section applies to any shop worker who, under his contract of
employment —
(a) is or may be required to work on Sunday (whether or not as a
result of previously giving an opting-in notice), but
(b) is not employed to work only on Sunday.
(2) A shop worker to whom this section applies may at any time give his
employer written notice, signed and dated by the shop worker, to the
effect that the shop worker objects to Sunday working.
(3) In this Part ‘opting-out notice’ means a notice given under subsection (2)
by a shop worker to whom this section applies.
7 Meaning of ‘opted-out shop worker’

(1) Subject to subsection (5), a shop worker is to be regarded for the
purposes of this Part as ‘opted-out’ if, and only if —
(a) he has given his employer an opting-out notice,
(b) he has been continuously employed during the period beginning
with the day on which the notice was given and ending with the
appropriate date, and
(c) throughout that period, or throughout every part of it during
which his relations with his employer were governed by a
contract of employment, he was a shop worker.
(2) In subsection (1), ‘the appropriate date’ means —
(a) in relation to sections 9 and 10, the effective date of termination,
(b) in relation to section 12, the date of the act or failure to act,
Section 8 Shops Act 2000


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(c) in relation to section 15 (2) or (3), the day on which the agreement
is entered into, and
(d) in relation to section 15 (4), the day on which the employee
returns to work.
(3) [Repealed]11

(4) For the purposes of subsection (2)(b) —
(a) where an act extends over a period, the ‘date of the act’ means the
first day of the period, and
(b) a deliberate failure to act shall be treated as done when it was
decided on,
and in the absence of evidence establishing the contrary, an employer
shall be taken to decide on a failure to act when he does an act
inconsistent with doing the failed act or, if he has done no such
inconsistent act, when the period expires within which he might
reasonably have been expected to do the failed act if it was to be done.
(5) A shop worker is not an opted-out shop worker if —
(a) after giving the opting-out concerned, he has given his employer
an opting-in notice, and
(b) after giving that opting-in notice, he has expressly agreed with his
employer to do shop work on Sunday or on a particular Sunday.
8 Meaning of ‘notice period’

In this Part “notice period
”, in relation to an opted-out shop worker, means,
subject to section 13(2), the period of one month beginning with the day on
which the opting-out notice concerned was given.
9 Right not to be dismissed for refusing Sunday work

(1) Subject to subsection (2), the dismissal of a protected or opted-out shop
worker by his employer shall be regarded for the purposes of Part X of
the 2006 Act as unfair if the reason for it (or, if more than one, the
principal reason) was that the shop worker refused, or proposed to
refuse, to do shop work on Sunday or on a particular Sunday.12

(2) Subsection (1) does not apply in relation to an opted-out shop worker
where the reason (or principal reason) for the dismissal was that he
refused, or proposed to refuse, to do shop work on any Sunday or
Sundays falling before the end of the notice period.
(3) The dismissal of a shop worker by his employer shall be regarded for the
purposes of Part X of the 2006 Act as unfair if the reason for it (or, if more
than one, the principal reason) was that the shop worker gave, or
proposed to give, an opting-out notice to the employer.13

Shops Act 2000 Section 10


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10 Redundancy

(1) Where the reason or principal reason for the dismissal of a protected or
opted-out shop worker was that he was redundant, but it is shown —
(a) that the circumstances constituting the redundancy applied
equally to one or more other employees in the same undertaking
who held positions similar to that held by him and who have not
been dismissed by the employer, and
(b) that the reason (or, if more than one, the principal reason) for
which he was selected for dismissal was that specified in
section 9(1),
then, for the purposes of Part X of the 2006 Act, the dismissal shall be
regarded as unfair.14

(2) Subsection (1) does not apply in relation to an opted-out shop worker
where the reason (or principal reason) for which he was selected for
dismissal was that specified in section 9(2).
(3) Where the reason or principal reason for the dismissal of a shop worker
was that he was redundant, but it is shown —
(a) that the circumstances constituting the redundancy applied
equally to one or more other employees in the same undertaking
who held positions similar to that held by him and who have not
been dismissed by the employer, and
(b) that the reason (or, if more than one, the principal reason) for
which he was selected for dismissal was that specified in
section 9(3),
then, for the purposes of Part X of the 2006 Act, the dismissal shall be
regarded as unfair.15

11 Exclusion of section 111 of Employment Act 2006

Section 111 of the 2006 Act (right of employee not to be unfairly dismissed) shall
apply to a dismissal regarded as unfair by virtue of section 9 or 10 regardless of
the period for which the employee has been employed and of his age; and
accordingly section 132(1) of that Act (which provides a qualifying period and
an upper age limit) shall not apply to such a dismissal.16

12 Right not to suffer detriment for refusing Sunday work

(1) Subject to subsections (2) and (4), a protected or opted-out shop worker
has the right not to be subjected to any detriment by any act, or any
deliberate failure to act, by his employer done on the ground that the
shop worker refused, or proposed to refuse, to do shop work on Sunday
or on a particular Sunday.
Section 13 Shops Act 2000


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(2) Subsection (1) does not apply to anything done in relation to an opted-
out shop worker on the ground that he refused, or proposed to refuse, to
do shop work on any Sunday or Sundays falling before the end of the
notice period.
(3) Subject to subsection (4), a shop worker has the right not to be subjected
to any detriment by any act, or any deliberate failure to act, by his
employer done on the ground that he gave, or proposed to give, an
opting-out notice to his employer.
(4) Subsections (1) and (3) do not apply where the detriment in question
amounts to dismissal.
(5) For the purposes of this section a shop worker who does not work on
Sunday or on a particular Sunday is not to be regarded as having been
subjected to any detriment by —
(a) any failure to pay remuneration in respect of shop work on a
Sunday which he has not done,
(b) any failure to provide him with any other benefit, where that
failure results from the application, in relation to Sunday on
which the employee has not done shop work, of a contractual
term under which the extent of that benefit varies according to the
number of hours worked by the employee or the remuneration of
the employee, or
(c) any failure to provide him with any work, remuneration or other
benefit which by virtue of section 16 or 17 the employer is not
obliged to provide.
(6) Where an employer offers to pay a sum specified in the offer to any one
or more employees who are protected or opted-out shop workers or
who, under their contracts of employment, are not obliged to do shop
work on Sunday, if they agree to do shop work on Sunday or on a
particular Sunday —
(a) an employee to whom the offer is not made is not to be regarded
for the purposes of this section as having been subjected to any
detriment by any failure to make the offer to him or to pay him
that sum, and
(b) an employee who does not accept the offer is not to be regarded
for those purposes as having been subjected to any detriment by
any failure to pay him that sum.
13 Employer’s duty to give explanatory statement

(1) Where a person becomes a shop worker to whom section 6 applies, his
employer shall, before the end of the period of two months beginning
with the day on which that person becomes such a shop worker, give
him a written statement in the prescribed form.
Shops Act 2000 Section 13


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(2) If —
(a) an employer fails to comply with subsection (1) in relation to any
shop worker, and
(b) the shop worker, on giving the employer an opting-out notice,
becomes an opted-out shop worker,
section 8 shall have effect, in relation to the shop worker, with the
substitution for ‘one month’ of ‘14 days’.
(3) An employer shall not be regarded as failing to comply with
subsection (1) in any case where, before the end of the period referred to
in that subsection, the shop worker has given him an opting-out notice.
(4) Subject to subsection (5), the prescribed form is as follows —
‘STATUTORY RIGHTS IN RELATION TO SHOP WORK ON SUNDAYS,
CHRISTMAS DAY AND GOOD FRIDAY
You have become employed as a shop worker and are, or can be, required
under your contract of employment to do shop work on Sundays, Good Friday
and Christmas Day.
However, if you wish, you can give a notice, as described in the next section, to
your employer and you will then have the right not to do shop work on any of
those days once one month has passed from the date on which you gave the
notice.
Your notice must —
be in writing;
be signed and dated by you;
say that you object to working on those days.
For one month after you give the notice, your employer can still require you to
do all the work on those days that your contract provides for. After the one
month period has ended, you have the right to complain to the Employment
Tribunal if, because of your refusal to do shop work on those days, your
employer —
dismisses you, or
does something else detrimental to you, for example, failing to promote
you.
Once you have the rights described, they cannot be taken away without your
agreement. You can surrender them only if —
your employer gives you a written request asking you to work on those
days; and
you respond with a further notice, signed and dated by you, saying that
you wish to work on those days or that you do not object to working on
those days; and
Section 14 Shops Act 2000


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you then agree with your employer to do shop work on those or on any
particular one of those days.’
(5) The Department of Economic Development may by order amend the
prescribed form set out in subsection (4).17

(6) An order under subsection (5) shall be laid before Tynwald.
14 Effect of rights on contracts of employment

(1) Any contract of employment under which a shop worker who satisfies
the conditions in section 4(2)(a) and (b) was employed on the day before
the commencement date is unenforceable to the extent that it —
(a) requires the shop worker to do shop work on Sunday on or after
the commencement date, or
(b) requires the employer to provide the shop worker with shop work
on Sunday on or after that date.
(2) Except as provided by subsection (3), any agreement entered into after
the commencement date between a protected shop worker and his
employer is unenforceable to the extent that it —
(a) requires the shop worker to do shop work on Sunday, or
(b) requires the employer to provide the shop worker with shop work
on Sunday.
(3) Where, after giving an opting-in notice, a protected shop worker
expressly agrees as mentioned in section 5(1)(b) (and so ceases to be
protected), his contract of employment shall be taken to be varied to the
extent necessary to give effect to the terms of the agreement.
(4) [Repealed]18

15 Contractual requirements relating to Sunday work

(1) Where a shop worker gives his employer an opting-out notice, the
contract of employment under which he was employed immediately
before he gave that notice becomes unenforceable to the extent that it —
(a) requires the shop worker to do shop work on Sunday after the
end of the notice period, or
(b) requires the employer to provide the shop worker with shop work
on Sunday after the end of that period.
(2) Except as provided by subsection (3), any agreement entered into
between an opted-out shop worker and his employer is unenforceable to
the extent that it —
(a) requires the shop worker to do shop work on Sunday after the
end of the notice period, or
Shops Act 2000 Section 16


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(b) requires the employer to provide the shop worker with shop work
on Sunday after the end of that period.
(3) Where, after giving an opting-in notice, an opted-out shop worker
expressly agrees as mentioned in section 7(5)(b) (and so ceases to be
opted-out), his contract of employment shall be taken to be varied to the
extent necessary to give effect to the terms of the agreement.
(4) [Repealed]19

16 Contracts with guaranteed hours

If —
(a) under the contract of employment under which a shop worker
who satisfies the conditions in section 4(2)(a) and (b) was
employed on the day before the commencement date, the
employer is, or may be, required to provide him with shop work
for a specified number of hours each week,
(b) under that contract, the shop worker was or might have been
required to work on Sunday before the commencement date, and
(c) the shop worker has done shop work on Sunday in that
employment (whether or not before the commencement date) but
has, on or after the commencement date, ceased to do so,
then, so long as the shop worker remains a protected shop worker, that
contract shall not be regarded as requiring the employer to provide him
with shop work on weekdays in excess of the hours normally worked by
the shop worker on weekdays before he ceased to do shop work on
Sunday.
17 Reduction of pay, etc

(1) If —
(a) under the contract of employment under which a shop worker
who satisfies the conditions in section 4(2)(a) and (b) was
employed on the day before the commencement date, the shop
worker was or might have been required to work on Sunday
before that date,
(b) the shop worker has done shop work on Sunday in that
employment (whether or not before the commencement date) but
has, on or after the commencement date, ceased to do so, and
(c) it is not apparent from the contract what part of the remuneration
payable, or of any other benefit accruing, to the shop worker was
intended to be attributable to shop work on Sunday,
then, so long as the shop worker remains a protected shop worker, that
contract shall be regarded as enabling the employer to reduce the
amount of remuneration paid, or the extent of the other benefit provided,
Section 18 Shops Act 2000


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to the shop worker in respect of any period by the proportion which the
hours of shop work which (apart from this Part) the shop worker could
have been required to do on Sunday in the period (in this section
referred to as ‘the contractual Sunday hours’) bears to the aggregate of
those hours and the hours of work actually done by the shop worker in
the period.
(2) Where, under the contract of employment, the hours of work actually
done on weekdays in any period would be taken into account in
determining the contractual Sunday hours, they shall be taken into
account in determining the contractual Sunday hours for the purposes of
subsection (1).
18 Complaints to the Employment Tribunal

(1) An employee may present a complaint to the Tribunal that he has been
subjected to a detriment in contravention of section 12.
(2) On such a complaint it is for the employer to show the ground on which
any act, or deliberate failure to act, was done.
(3) The Tribunal shall not consider a complaint under this section unless it is
presented —
(a) before the end of the period of 3 months beginning with the date
of the act or failure to act to which the complaint relates or, where
that act or failure is part of a series of similar acts or failures, the
last of them, or
(b) within such further period as the Tribunal considers reasonable in
a case where it is satisfied that it was not reasonably practicable
for the complaint to be presented before the end of that period of
3 months.
(4) For the purposes of subsection (3) —
(a) where an act extends over a period, the ‘date of the act’ means the
last day of that period, and
(b) a deliberate failure to act shall be treated as done when it was
decided on;
and, in the absence of evidence establishing the contrary, an employer
shall be taken to decide on a failure to act when he does an act
inconsistent with doing the failed act or, if he has done no such
inconsistent act, when the period expires within which he might
reasonably have been expected do the failed act if it was to be done.
19 Remedies

(1) Where the Tribunal finds a complaint under section 18 well-founded, the
Tribunal —
(a) shall make a declaration to that effect, and
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(b) may make an award of compensation to be paid by the employer
to the complainant in respect of the act or failure to act to which
the complaint relates.
(2) Subject to subsection (5), the amount of the compensation awarded shall
be such as the Tribunal considers just and equitable in all the
circumstances having regard to —
(a) the infringement to which the complaint relates, and
(b) any loss which is attributable to the act, or failure to act, which
infringed the complainant’s right.
(3) The loss shall be taken to include —
(a) any expenses reasonably incurred by the complainant in
consequence of the act, or failure to act, to which the complaint
relates, and
(b) loss of any benefit which he might reasonably be expected to have
had but for that act or failure to act.
(4) In ascertaining the loss the Tribunal shall apply the same rule concerning
the duty of a person to mitigate his loss as applies to damages
recoverable under the common law of the Island.
(5) Where the Tribunal finds that the act, or failure to act, to which the
complaint relates was to any extent caused or contributed to by action of
the complainant, it shall reduce the amount of the compensation by such
proportion as it considers just and equitable having regard to that
finding.
20 Restrictions on contracting out of Part III

Any provision in an agreement (whether a contract of employment or not) shall
be void in so far as it purports —
(a) to exclude or limit the operation of any provision of this Part, or
(b) to preclude any person from presenting a complaint to the
Tribunal by virtue of any provision of this Part.
21 [Repealed]
20

22 Application of certain provisions of 2006 Act

In the following provisions of the 2006 Act —
section 156(3) (remedy for infringement of certain rights), and
section 168 (death of employee or employer),
any references to Part V (detriment) or to a provision of that Part shall include a
reference to section 12 of this Act.21

Section 23 Shops Act 2000


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PART IV – SHOP WORKERS’ HOURS

23 Shop workers’ hours

(1) A contract of employment of a shop worker shall not include any term or
condition that creates an obligation for a shop worker to work —
(a) for more than 5 hours without an interval of at least 30 minutes;
(b) for a total number of hours, exclusive of intervals allowed for
meals and rest, in excess of —
(i) 10 hours in any 24 hours; or
(ii) 44 hours in any week.
(2) An employer of a shop worker shall be guilty of an offence and liable on
summary conviction to a fine of £2,500 if the contract of employment of
that shop worker includes a term or condition that contravenes
subsection (1).
(3) If the written statement given to a shop worker in accordance with
section 8 of the 2006 Act (written particulars of terms of employment)
contains particulars of a term or condition of employment that
contravenes subsection (1), then those particulars shall be conclusive
evidence of such contravention.22

(4) The particulars of the terms and conditions relating to hours of work
contained in a written statement given to a shop worker in accordance
with section 8 of the 2006 Act shall contain a statement that the contract
of employment of the shop worker does not oblige him to work for any
spell or period in excess of those referred to in subsection (1) of this
section.23

(5) This section shall not apply to contracts of employment entered into
before 19 November 1985.
PART V – SUPPLEMENTARY AND GENERAL

24 Offences by bodies corporate

(1) Where an offence under this Act committed by a body corporate is
proved to have been committed with the consent or connivance of, or to
be attributable to neglect on the part of, a director, manager, secretary or
other similar officer of the body corporate or a person who was
purporting to act in such a capacity, he, as well as the body corporate, is
guilty of the offence and liable to be proceeded against and punished
accordingly.
(2) Where the affairs of a body corporate are managed by its members,
subsection (1) applies in relation to the acts and defaults of a member in
Shops Act 2000 Section 25


c AT 7 of 2000 Page 19

connection with his functions of management as if he were a director of
the body corporate.
(3) For the purposes of subsection (1), ‘body corporate’ includes a limited
liability company constituted under the Limited Liability Companies Act
1996 and, in relation to such a company, any reference to a director, or
other officer of a body corporate is a reference to a member and to the
company’s manager and registered agent.
25 [Repealed]
24

(1) [Amends section 76(1) of the Employment Act 1991 by adding
paragraph (c).]
(2) [Inserts section 87A in the Employment Act 1991.]
26 Repeals

(1) The Shops Act 1985 is repealed.
(2) [Repealed]25

27 Short title and commencement

(1) This Act may be cited as the Shops Act 2000.
(2) This Act shall come into operation on such day as the Department of
Trade and Industry may by order appoint, and different days may be so
appointed for different provisions and for different purposes.26

Shops Act 2000 Endnotes


c AT 7 of 2000 Page 21

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Definition of ‘the 2006 Act’ substituted for definition of ‘the 1991 Act’ by Employment
Act 2006 Sch 8. 2
Definition of ‘dismissal’ substituted by Employment Act 2006 Sch 8. 3
Para (a) amended by Medicines Act 2003 Sch 3. 4
Subs (2) amended by Employment Act 2006 Sch 8. 5
Subss (3) and (4) repealed by Employment Act 2006 Sch 9. 6
Para (d) repealed by Employment Act 2006 Sch 9. 7
Subs (5) repealed by Employment Act 2006 Sch 9. 8
Para (a) amended by Employment Act 2006 Sch 8. 9
Subs (7) amended by Employment Act 2006 Sch 8. 10
Subs (5) amended by SD155/10 Sch 2. 11
Subs (3) repealed by Employment Act 2006 Sch 9. 12
Subs (1) amended by Employment Act 2006 Sch 8. 13
Subs (3) amended by Employment Act 2006 Sch 8. 14
Subs (1) amended by Employment Act 2006 Sch 8. 15
Subs (3) amended by Employment Act 2006 Sch 8. 16
S 11 amended by Employment Act 2006 Sch 8. 17
Subs (5) amended by SD155/10 Sch 2. 18
Subs (4) repealed by Employment Act 2006 Sch 9. 19
Subs (4) repealed by Employment Act 2006 Sch 9. 20
S 21 repealed by Employment Act 2006 Sch 9. 21
S 22 substituted by Employment Act 2006 Sch 8. 22
Subs (3) amended by Employment Act 2006 Sch 8.
Endnotes Shops Act 2000


Page 22 AT 7 of 2000 c

23
Subs (4) amended by Employment Act 2006 Sch 8. 24
S 25 repealed by Employment Act 2006 Sch 9. 25
Subs (2) repealed by Employment Act 2006 Sch 9. 26
ADO (s 5(5), (6)) 26/6/2000; (remainder of Act) 1/8/2000 (SD328/00).