{
  "url": "https://openlegislation.uk/equality-act-2010/section-128",
  "json_url": "https://openlegislation.uk/equality-act-2010/section-128.json",
  "legislation": "ukpga/2010/15",
  "legislation_title": "Equality Act 2010",
  "legislation_url": "https://openlegislation.uk/equality-act-2010",
  "path": "section/128",
  "kind": "section",
  "number": "128",
  "heading": "References by court to tribunal, etc.",
  "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.\n(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)—\n(a) refer the question, or direct that it be referred by a party to the proceedings, to an employment tribunal for determination, and\n(b) stay or sist the proceedings in the meantime.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 128 wholly in force; s. 128 not in force at Royal Assent see s. 216; s. 128 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2010/15/section/128",
    "retrieved_at": "2026-10-28T17:03:45.890819+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}