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, in 2001, the retail chain, Argos sparked fury in Scotland when they sacked several Scottish employees for refusing to work on a Sunday.

Thus, a Private Member's Bill was laid before Parliament by Malcolm Savidge, MP for Aberdeen North.