Paragraph 5 Divided employments

England and Wales

(1)

Where an employee is to be transferred by an order under paragraph 2 but is to continue to be employed for certain purposes by the transferor, the order may provide that the contract of employment of the employee shall, on the date on which the employee is transferred, be divided so as to constitute two separate contracts of employment between the employee and the transferor and between the employee and the transferee.

(2)

Where an employee’s contract of employment is divided as provided under sub-paragraph (1)—

(a)

the order shall provide for paragraph 3 to have effect in the case of the employee and his contract of employment subject to appropriate modifications; and

(b)

paragraph 4 shall similarly apply only so far as appropriate in connection with the employee’s employment by the transferee.

Notes on Schedule 2A

Textual amendments

F1: Sch. 2A repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1)
F2: Sch. 2A inserted (1.8.2001 for E. and 1.11.2004 for W.) by 2001 c. 15, ss. 48(4), 70(2), Sch. 4 (with ss. 64(a), 55(4)); S.I. 2001/2804, art. 2(1); S.I. 2004/1754, art. 2(2)(a)