5(1)Where an employee will be transferred by an order under paragraph 2 but will continue to be employed for certain purposes by the transferor, the order may provide that the contract of employment of the employee is, on the date on which the employee is transferred, 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 must 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 similarly applies only so far as appropriate in connection with the employee’s employment by the transferee.