Territorial scope

Where a union has many members based outside the UK, the test for deciding whether or not that union should be allowed to access the statutory recognition machinery will be the strength of the connection to the UK. This is the same test as is used in the context of claims for unfair dismissal (see page 69). In Netjets Management Limited v CAC and Skyshare [2012] EWHC 2685, an employer flew chartered private jets from a variety of worldwide locations at short notice. The union, Skyshare, wanted to carry out collective bargaining for those pilots with UK contracts. The court decided that the UK connection was sufficiently strong for an application for recognition to be made by the union.