Prison Service v Bewly [2004] ICR 422
Judgement for the case Prison Service v Bewly
Table Of Contents
Plaintiff’s employers and union reached a collective agreement that purported to exclude Reg 10(1), i.e. no need to breaks of 11 hours in each 24 hour period.
Plaintiff then sued its employer for breach of reg 10, saying that for a collective agreement to exclude reg 10 under a collective agreement, it must do so explicitly.
EAT disagreed, saying that under Reg 23 a collective agreement can exclude or modify Reg 10, but there is no need for this to be explicit.
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