Acas v Public and Commercial Services (PCS) 2017Posted In: Case Law
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionTribunal 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 (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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