45. After regulation 37, paragraph (2) insert—
“(2A) For the purposes of paragraph (2), agency workers whose contract within regulation 3(1)(b) of the Agency Workers Regulations 2010 was not a contract of employment with one or more temporary work agencies that were merging companies at the relevant time, are to be treated as having been employed by such a temporary work agency or agencies for the duration of their assignment with a hirer.”.