Section 140 — Conduct giving rise to separate proceedings
Extent: E+W+S
This version in force from 2014-04-22
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) 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, [F1 the county court];
(b) in relation to proceedings in Scotland, the sheriff.
Amendment notes
- F1 Words 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)