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Equality Act 2010, Section 140 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies in relation to conduct which has given rise to two or more separate proceedings under this Act, with at least one being for a contravention of section 111 (instructing, causing or inducing contraventions).
(2)A court may transfer proceedings to an employment tribunal.
(3)An employment tribunal may transfer proceedings to a court.
(4)A court or employment tribunal is to be taken for the purposes of this Part to have jurisdiction to determine a claim or complaint transferred to it under this section; accordingly—
(a)a reference to a claim within section 114(1) includes a reference to a claim transferred to a court under this section, and
(b)a reference to a complaint within section 120(1) includes a reference to a complaint transferred to an employment tribunal under this section.
(5)A court or employment tribunal may not make a decision that is inconsistent with an earlier decision in proceedings arising out of the conduct.
(6)“Court” means—
(a)in relation to proceedings in England and Wales, [F1the county court];
(b)in relation to proceedings in Scotland, the sheriff.
Textual Amendments
F1Words in s. 140(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Commencement Information
I1S. 140 wholly in force; s. 140 not in force at Royal Assent see s. 216; s. 140 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(j) (with art. 15, and subject to transitional provision in art. 7)
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