2. Condition A is that—
(a)P is employed by an employing authority;
(b)the relevant employment commences in accordance with an arrangement under which it is the intention of the employing authority to retain P as an employee following P’s objection to P’s transfer to another body (which is not an employing authority) (“a retention arrangement”); and
(c)but for the retention arrangement—
(i)the transfer of P’s employment would be a relevant transfer for the purposes of the TUPE Regulations; or
(ii)P’s employment would, in the Secretary of State’s opinion, transfer from the employing authority to another employer in the public sector by virtue of an arrangement broadly equivalent to a TUPE transfer.