Section 140 — Equality Act 2010: Conduct giving rise to separate proceedings

Conduct giving rise to separate proceedings 140 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, the county court ;

b in relation to proceedings in Scotland, the sheriff.