5.—(1) Article 10 of the 1996 Order (continuity broken where employee re-employed after the making of a redundancy payment or equivalent payment) shall not apply where—
(a)in consequence of any action to which these Regulations apply a dismissed employee is reinstated or re-employed by his employer or by a successor or associated employer of the employer; and
(b)the terms upon which he is so reinstated or re-engaged include provision for him to repay the amount of a redundancy payment or an equivalent payment paid in respect of the relevant dismissal, and
(c)that provision is complied with.
(2) For the purposes of this regulation, the cases in which a redundancy payment shall be treated as having been paid are the cases mentioned in Article 10(5) of the 1996 Order.