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Prison Service v Bewly

[2004] ICR 422

Case summary last updated at 19/02/2020 20:39 by the Oxbridge Notes in-house law team.

Judgement for the case Prison Service v Bewly

P’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. P 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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