Acas v Public and Commercial Services (PCS) 2017

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Jurisdiction; Economic Activity

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 (ICER) because it was not “carrying out an economic activity, whether or not operating for gain”. The CAC rejected this argument stating a sufficient part of its activities met the test.

In deciding whether the undertaking carried out an economic activity the EAT considered the EU Acquired

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This article is correct at 29/10/2019

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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