4.—(1) The provisions of this paragraph shall apply where—
(a)the transfers effected under a transfer scheme include a transfer of all assets and liabilities comprised in a specified part of Northern Ireland Electricity’s undertaking; and
(b)it falls to be determined whether the assets and liabilities transferred to the transferee of that part (“transferee A”) include rights and liabilities under a particular contract of employment.
(2) Rights and liabilities under the contract of employment shall be transferred to transferee A only if immediately before the transfer date the employee is employed wholly or mainly for the purposes of the specified part of Northern Ireland Electricity’s undertaking.
(3) The employee, transferee A or any of the other transferees may apply to the Department to determine whether or not rights and liabilities in respect of the employee’s services under the contract of employment are transferred to transferee A, and the decision of the Department on the application shall be final.