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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.

If any of your workers do night work - even casual, freelance, and agency workers - there are special regulations you must comply with.

Night-time period

The regulations define night time as the period between 11pm and 6am, though this can be slightly varied by agreement between you and your workers. A night worker is someone who regularly works for at least three hours during this period.

In general, night workers:

• should not work more than an average of eight hours in a 24-hour period, usually averaged over a reference period of 17 weeks (this can be longer if agreed in a workforce or collective agreement)
• can't opt-out from this limit
• must be offered a free health assessment before they start working nights and on a regular basis after that (a follow-up examination by a health professional should be provided where necessary)

When devising your health questionnaire, make sure you ask a qualified health professional for advice. Download our sample health questionnaire to assess if you are fit to work to work night (DOC, 105K).

Exceptions to the rules for night workers

For workers dealing with special hazards or heavy mental and physical strain - there can be no averaging at all - the eight-hour daily limit is absolute.

Note that there are separate rules for mobile workers in air, sea, and road transport.

In general workers under 18 years old are not permitted to work at night. However, there are quite a few exceptions. For more information, see employing children and young people.

Employer responsibilities on night working

It is your responsibility to comply with the night work rules. You should keep records to ensure workers don't exceed their night working limit.

You should also retain records of your night workers' health assessments for two years from the date on which they were made or, if they didn't accept the offer of a free health assessment, record when the offer was made.

If your staff work Sunday or evening hours, you'll need an appropriate shift pattern for them.

Paying shift workers

There are a variety of ways of paying shift workers, including:

• flat-rate allowances per hour, shift, or week, in addition to basic day rates
• fixed percentage additions to the day-work rates
• basic rates of wages with shift workers getting a higher rate than day workers
• paying a standard annual amount to all employees working that particular shift
• extra allowances for hours worked outside the normal daily hours

For more information on paying shift workers, see terms and conditions for Sunday and night workers.

Which shift system to employ

Although it is not required by law, taking workers' preferences into account when arranging shift patterns can help with staff recruitment and retention and increase business productivity.

Consider the type of shift system to be used, including the hours it covers, and the average weekly hours to be worked by each person.

Also consider whether the shift will be a fixed or rotating system. If shifts rotate, decide whether the direction should be 'backwards' (nights, afternoons, mornings) or 'forwards' (mornings, afternoons, nights).

Once this is established, decide the frequency of shift changes, the length of shifts, and the number of crews required. You can then plan rest periods and work out the type of shift.

Common shift patterns

Some common shift patterns are:

Double day shift

Two crews to cover any daily period between 16 and 24 hours.

Day and night shift

Two crews alternate day and night shifts, weekly or fortnightly.

Three shift discontinuous

Three shift crews provide 24-hour cover for five days.

Seven-day continuous shift

One week of mornings, afternoons, or nights.

Permanent night shift

Workers spend their whole working time on nights.

Four crew continuous shift

Four crews switch between morning, afternoon, and night shifts over a four-week cycle.

12-hour continuous shift

Three, four, or five crews do 12-hour shifts and get more rest days in return.

You need to comply with the rules for working hours. This means giving at least 11 hours of rest per day, at least one day off per week (or two days off per fortnight), and a rest break of at least 20 minutes (this can be paid or unpaid) if the working day is longer than six hours.

Young workers are entitled to longer and more frequent breaks. See hours, rest breaks, and the working week and employing children and young people.

Assess the health and safety implications of night working - for instance, your fire-evacuation procedure may need to be changed at night. Also, you may need to tighten your security arrangements.

Download our sample health questionnaire to assess if you are fit to work nights (DOC, 105K).

Rewards and best practices for night and Sunday working

If you employ people outside normal working hours it is a good idea to reward them for working antisocial hours. You're not required by law to do this, but it can help with staff recruitment and retention and can improve business productivity.

Common ways to reward night and Sunday workers include paying them time-and-a-half or double time, paying a premium for working shifts, or giving them extra leave.

Other matters of good practice when dealing with night and Sunday working include:

• giving employees at least one weekend off in three
• providing hygienic food and refreshment facilities as local facilities could be shut
• giving reasonable notice periods when changing employees' shift patterns and being careful not to breach their contracts
• showing an interest in shift workers by visiting them while they work
• considering whether the number of night workers requires specific supervision or management to help maintain discipline and productivity
• considering supplying transport to the local station, eg a minibus

Take your employees' preferences into account as far as possible when organising shift work. Workers will be happier if they can have some say in how their schedule is arranged. See employee engagement.

For information on non-standard work patterns, see flexible working: the law and best practice.