Is there formal guidance or a formula for how to weigh up or compare the different terms in a package?
No, what is ‘overall no less favourable’ (ONLF) will emerge from practice and from the ‘quasi’ case law that will emerge from the Independent Person’s judgments in disputes (see question 17 below). What is clear is that the comparison should be made by weighing up the whole package, not looking at specific elements in it one by one and making sure they are comparable. The Government has stressed that the process is not to stand in the way of increased flexibility. ‘Overall, no less favourable’ is not meant to mean the same, nor to prevent improving productivity or services. Contractors will be able to offer different packages of terms and conditions so long as overall they are not less favourable.
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