LRD guides and handbook June 2016

Law at Work 2016

Chapter 5

Territorial scope 


[ch 5: page 142]

Where a union has many members based outside the UK, whether or not that union will be allowed to use the statutory recognition machinery will depend on the strength of its connection to the UK. This is the same test that is used for claims for unfair dismissal (see Chapter 10). 


In Netjets Management Limited v CAC and Skyshare [2012] EWHC 2685, an employer flew chartered private jets from several different worldwide locations at short notice. The union, Skyshare, wanted to carry out collective bargaining on behalf of pilots with UK contracts. The court decided that the UK connection was sufficiently strong for the union to apply for statutory recognition.