Section 128 — Equality Act 2010: References by court to tribunal, etc.

References by court to tribunal, etc. 128 1 If it appears to a court in which proceedings are pending that a claim or counter-claim relating to an equality clause or rule could more conveniently be determined by an employment tribunal, the court may strike out the claim or counter-claim.

2 If in proceedings before a court a question arises about an equality clause or rule, the court may (whether or not on an application by a party to the proceedings)—

a refer the question, or direct that it be referred by a party to the proceedings, to an employment tribunal for determination, and b stay or sist the proceedings in the meantime.