‘No less favourable overall’

Any replacement term must be “no less favourable overall”. Otherwise (unless there is a valid ETO reason) it will be void and any dismissal for refusing to agree to it will be automatically unfair as a breach of TUPE.

Any changes to collective terms should be negotiated with a trade union. Negotiating separately with each employee is likely to be unworkable and in any event, the ARD does not allow individuals to negotiate changes to their terms and conditions in breach of TUPE (Foreningen af arbejdsledere I Danmark v Daddy’s Dance Hall A/S [1988] IRLR 315).