Employment Cases Update

Advisory, Conciliation and Arbitration Service (ACAS) v Public and Commercial Services Union (PCS) UKEAT/0160/17/RN

Date published: 07/04/2019

Appeal from the decision of the Central Arbitration Committee (“CAC”) that it had jurisdiction to consider the complaint of the Public and Commercial Services Union (“PCS”) against the Advisory, Conciliation and Arbitration Service (“ACAS”) made pursuant to reg 22(1) Information and Consultation of Employees Regulations 2004 (“ICER”). Appeal dismissed.

PCS complained that ACAS had failed, as employer, to consult with its employees pursuant to a negotiated agreement with PCS. ACAS disputed the jurisdiction of the CAC and the applicability of the ICER on the basis that it was not an "undertaking" within the meaning of reg 2 ICER, because it was not "carrying out an economic activity, whether or not operating for gain". The CAC found in favour of PCS, and ACAS appealed.

The EAT held that the CAC had correctly concluded that it was sufficient to establish that the relevant legal entity carried out an economic activity which was not merely ancillary or de minimis, so the appeal would be dismissed.

Employment Claims without a Lawyer 2nd edition published March 2018

Read the full text of the judgment on BAILII or download the file by clicking the link below.

Pre-order the 2019-20 edition of the Emp;oyment Tribunal Remedies Handbook and get a free digital edition worth £45