Section 128 — References by court to tribunal, etc.
This version in force from 2010-10-01
Snapshot: 2026-08-24
Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .
(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.