Equality Act 2010, section 114

Jurisdiction

Part 9 Enforcement

(1)[F106 The county courtF106] or, in Scotland, the sheriff has jurisdiction to determine a claim relating to—

(a)a contravention of Part 3 (services and public functions);

(b)a contravention of Part 4 (premises);

(c)a contravention of Part 6 (education);

(d)a contravention of Part 7 (associations);

(e)a contravention of section 108, 111 or 112 that relates to Part 3, 4, 6 or 7.

(2)Subsection (1)(a) does not apply to a claim within section 115.

(3)Subsection (1)(c) does not apply to a claim within section 116.

(4)Subsection (1)(d) does not apply to a contravention of section 106.

(5)For the purposes of proceedings on a claim within subsection (1)(a)—

(a)a decision in proceedings on a claim mentioned in section 115(1) that an act is a contravention of Part 3 is binding;

(b)it does not matter whether the act occurs outside the United Kingdom.

(6)The county court or sheriff—

(a)must not grant an interim injunction or interdict unless satisfied that no criminal matter would be prejudiced by doing so;

(b)must grant an application to stay or sist proceedings under subsection (1) on grounds of prejudice to a criminal matter unless satisfied the matter will not be prejudiced.

(7)In proceedings in England and Wales on a claim within subsection (1), the power under section 63(1) of the County Courts Act 1984 (appointment of assessors) must be exercised unless the judge is satisfied that there are good reasons for not doing so.

(8)In proceedings in Scotland on a claim within subsection (1), the power under rule 44.3 of Schedule 1 to the Sheriff Court (Scotland) Act 1907 (appointment of assessors) must be exercised unless the sheriff is satisfied that there are good reasons for not doing so.

(9)The remuneration of an assessor appointed by virtue of subsection (8) is to be at a rate determined by the Lord President of the Court of Session.

Definitions used in section 114 1

Criminal matter

(9) “Criminal matter” means—

(a)an investigation into the commission of an alleged offence;

(b)a decision whether to commence criminal proceedings;

(c)criminal proceedings.

Defined in s.141(9) · see it in the full Act

Cases considering section 114 39

Steven Laidley v Metropolitan Housing Trust Ltd

[2025] EWCA Civ 448 · 11 April 2025

In a Part 4 discrimination case, the assessor power under section 63 of the County Courts Act 1984 must be exercised unless there are good reasons not to do so. This supplied the statutory basis for the appointment. (see paras [14], [36], [48], [61])

Nicholas Eckland v Chief Constable of the Avon and Somerset Constabulary

[2021] EWCA Civ 1961 · 7 January 2022

The court used section 114(1)(a) to identify the County Court as the forum for Part 3 claims. That forum was not equivalent to the Employment Tribunal for analogous employment discrimination claims. (see paras [35]-[40])

Adesotu v Lewisham London Borough Council

[2019] EWCA Civ 1405 · 2 August 2019

The provision gives the County Court jurisdiction to determine a claim relating to a contravention of Part 3. That jurisdiction must be invoked through an Equality Act claim rather than a homelessness appeal (see paras [12]-[20]). An Equality Act claim within section 114(1) ordinarily requires the appointment of assessors, illustrating the distinct procedure applicable to discrimination proceedings (see paras [12]; [19]).

19 more judgments, and what each says about section 114, are in the case-law panel in the full Act.

Explanatory note

375.This section sets out what types of claims under the Act a county court or (in Scotland) the sheriff court has jurisdiction to hear. These are claims related to provision of services, the exercise of public functions, disposal and management of premises, education (other than in relation to disability), and associations.

376.There is a presumption that a judge or sheriff will appoint an assessor to assist the court when hearing discrimination cases. However, an assessor need not be appointed where there are good reasons not to (for example, after an assessment of the judge’s own level of experience, the nature of the case and the wishes of the claimant).

377.This section is designed to replicate the effect of provisions in previous legislation. However, for the first time the Act enables disability discrimination in schools cases in Scotland to be heard in the Additional Support Needs Tribunals (Scotland) rather than the sheriff courts, where they were previously heard.

378.Previously, two assessors would sit with judges in cases involving race and sex discrimination only. This section extends the requirement to have assessors for cases of discrimination based on any protected characteristic, such as sexual orientation or religion or belief, but reduces the number of assessors used in each case to one.

All the explanatory notes for the Act

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F106Words in s. 114(1) 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)

Commencement

  1. I34S. 114 wholly in force; s. 114 not in force at Royal Assent see s. 216; s. 114 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(a) (with art. 15, and subject to transitional provision in art. 7)