The employer, Netjets, flew chartered private jets to and from a variety of locations across the world at short notice. The union, Skyshare, wanted to carry out collective bargaining for the pilots who were on UK contracts.

In deciding whether or not the union could access the statutory recognition machinery, the High Court applied the same test as for unfair dismissal: asking whether the connection with the UK was “sufficiently strong” for the recognition claim to proceed. The Court concluded that the UK connection was sufficiently strong in this case.

Netjets Management Limited v CAC and Skyshare [2012] EWHC 2685