CENTRAL ARBITRATION COMMITTEE (CAC)
The PCS made complaint to the CAC pursuant to the Information and Consultation of Employees Regulations 2004 (‘ICER’) that ACAS, as an employer, had failed to consult with its employees pursuant to a collective agreement. ACAS disputed the jurisdiction of the CAC on the basis that it was not an ‘undertaking’ within the meaning of Regulation 2 of the ICER because it was not ‘carrying out an economic activity, whether or not operating for gain’.
The CAC dismissed the challenge to the jurisdiction, holding that all of ACAS’ activities satisfied that requirement; alternatively, that a sufficient part of its activities did so.
The EAT dismissed the appeal, upholding the CAC’s decision on its alternative basis.
Citations:
[2018] UKEAT 0160 – 17 – 0502
Links:
Jurisdiction:
England and Wales
Employment
Updated: 22 April 2022; Ref: scu.616872