Part 9Enforcement
Chapter 5Miscellaneous
140I1Conduct giving rise to separate proceedings
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.