UK employees based overseas

When deciding whether ETs can consider a claim for a protective award on behalf of UK employees based overseas, for example, seafarers, what matters is the closeness of the connection between Great Britain and the “establishment” where the redundancies are proposed — not the closeness of the connection between Great Britain and individual employees. This is because the right to be consulted under section 188, TULRCA is a collective, not an individual right. This ruling appears to significantly limit the scope for unions to represent UK members routinely based overseas, such as seafarers and pilots (Seahorse Maritime Limited v Nautilus International [2018] EWCA Civ 2789).