Acas v Public and Commercial Services (PCS) Posted In: Case Law
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionCollective and Trade Union Issues, Tribunal Practice, Procedures and Jurisdictional Issues
The Public Commercial Services (PCS) made a complaint to the Central Arbitration Committee (CAC) that Acas, as an employer, had failed to consult with its employees pursuant to a collective agreement.
Acas contended the CAC lacked jurisdiction to hear the complaint stating it was not an “undertaking” within the meaning of Regulation 2 of the Information and Consultation of Employees Regulations 2004 because it was not “carrying out an economic activity, whether or not operating for gain”. The CAC rejected this argument stating all, or alternatively a sufficient part, of its activities met the test.
The EAT held the CAC panel incorrectly concluded that all Acas activity constituted economic
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