Foreningen af Arbejdsledere i Danmark v Daddy's Dance Hall A/S, ECJ Case 324/86, judgment on 10th February 1988, reported at [1988] ECR 739, [1989] 2 CMLR 517 and [1988] IRLR 315.

1. the Acquired Rights Directive 77/187/EEC applies when "upon the termination of a non-transferable lease, the owner of the undertaking leases it to a new lessee who continues to run the business without interruption with the same staff, who had been previously dismissed upon the expiry of the initial lease".

2. a worker "cannot waive the rights conferred upon him by the mandatory provisions of Directive 77/187, even if the disadvantages for him of such a course of action are offset by advantages so that, overall, he is not left in a worse position".

3. provided that the transfer of ownership of the employing undertaking does not constitute the reason for alteration in the terms of employment contracts, there is nothing in the Acquired Rights Directive 77/187/EEC to prevent the new owner of a business agreeing changes in employment terms with employees.

For main notes see Transfer of business or undertaking/change in terms of employment after .