Section 104D(2)

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

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