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SHOPS ACT (NORTHERN IRELAND) 1946 - SECT 19

Holidays allowed in respect of Sunday employment.

19.(1) In the case of a person employed on a Sunday in or about the business
of a shop which is permitted to open for the serving of customers on that day,
the following provisions shall have effect:

(a)if he is employed for more than four hours on any Sunday, that person shall

(i)receive in respect of his employment on that Sunday a whole holiday on a
day other than that of his statutory half-holiday, if any, and that
whole holiday shall be on a week day of the week beginning with that Sunday
unless he has, in respect of his employment on that Sunday, already received
such a holiday on a week day of the previous week;

(ii)not be employed about the business of a shop on more than two other
Sundays in the same month;

(b)if he is not employed for more than four hours on a Sunday in any month,
that person shall receive in respect of his employment on any Sunday in the
month, a half-holiday in addition to his statutory half-holiday, if any, and
that additional half-holiday shall be on a week day of the week beginning with
that Sunday unless he has, in respect of his employment on that Sunday,
already received such a half-holiday on a week day of the previous week:

Provided that this section shall not apply

(i)to any person employed wholly or mainly as a milk roundsman; or

(ii)to any person wholly employed in the transaction of Post Office business;
or

<(iii)to any pharmaceutical chemist, or chemist and druggist or druggist employed in connection with the sale or supply of medicines or medical or surgical appliances in any premises required to be kept open on Sunday for the serving of customers in pursuance of a contract made between the occupier of the premises and the Ministry of Labour, if he is not employed for more than two hours on that Sunday, and has not been employed on the previous Sunday, and if on a week day (other than the day of the statutory half-holiday) of the previous week or of the week commencing with the Sunday on which he is so employed, either he has not been, or will not be, employed, before half-past ten o'clock in the morning, or has not been, or will not be, employed after six o'clock in the afternoon.


(2) The occupier of any shop which is permitted to be open for the serving of
customers on Sunday shall keep in the prescribed form and in the prescribed
manner a record of the names of and the hours worked by all persons employed
in or about the business of a shop on Sunday who are entitled to any holidays
by virtue of this section, and of the respective days of the week upon which
those persons receive those holidays and such record shall be readily
available to all persons employed in or about the business of the shop and
shall be produced on demand to such persons and to any inspector appointed by
a [district council] for the purposes of this Act.

(3) Nothing in this section shall authorise the employment of any person at
any time when it would under any other provision of this Act or under any
other enactment be unlawful for him to be so employed.

(4) For the purposes of this section, in relation to any person employed in or
about the business of a shop, the following expressions have the meanings
hereby respectively assigned to them, that is to say, "whole holiday" means a
day on which that person is not employed in or about the business of that
shop; "statutory half-holiday" means a day on which, under this Part of
this Act he is not employed in or about the business of that shop after
half-past one o'clock in the afternoon; "half-holiday" means a day on which he
is either not employed before, or not employed after half-past one o'clock in
the afternoon of that day in or about the business of that shop.

© 1946 Crown Copyright

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