[(1) An employee who makes a section 63D application may present a complaint to an employment tribunal that—
(a) the employer has failed to comply with section 63F(4), (5) or (6), or
(b) the employer's decision to refuse the application, or part of it, is based on incorrect facts.
This is subject to the following provisions of this section.
(2) No complaint under this section may be made in respect of a section 63D application which has been disposed of by agreement or withdrawn.
(3) In the case of a section 63D application that has not been disposed
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