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Section 104B(2)

ERA 1996
Employment Rights Act 1996 · United Kingdom

It is immaterial for the purposes of subsection (1)(a) or (b)— but, for those provisions 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