Territorial scope

Where a union has many members based outside the UK, whether or not that union will be allowed to access 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 page 55).

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 on behalf of 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.