Section 104A(2)

It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above— but, for that subsection to apply, the claim to the right and, if applicable, the claim that it has been infringed must be made in good faith. whether or not the employee has the right, or whether or not the right has been infringed,

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Source: legislation.gov.uk · retrieved 2026-09-04