LRD guides and handbook July 2020

Law at work 2020 - the trade union guide to employment law

Chapter 11

UK employees based overseas

[ch 11: pages 419-420]

When deciding whether tribunals can consider a claim for a protective award on behalf of UK employees based overseas, for example, seafarers, the Court of Appeal has ruled that 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).