2.—(1) Subject to paragraph (2), an eligible employee(1)—
(a)who immediately before the date of transfer was employed by one of the old employers; and
(b)whose employment would have continued but for the dissolution of the old employer
shall transfer on the date of transfer from that old employer to the relevant new employer.
(2) Paragraph (1) does not apply to an eligible employee who was employed by the English National Board Immediately before the date of transfer.
“eligible employee” is defined in paragraph 20 of Schedule 2 to the Order for the purposes of paragraphs 20 and 21 as a person who is employed under a contract of employment with the old employer.