Article 8 Effect of prohibited or unenforceable terms and recoverability of money
(1)
Where any term of a contract is prohibited or made unenforceable under these Rules the contract continues to bind the parties if it is capable of continuing in existence without that term.
(2)
Where a labour user pays any money pursuant to a contractual term which is unenforceable by virtue of paragraph 10 of the Schedule, the labour user is entitled to recover that money.