Acas v Public and Commercial Services (PCS) 2017

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