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ARTICLE · 15 NOVEMBER 2012

Territorial Scope Of Union Recognition Rules

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The CAC in this case decided there were no territorial restrictions preventing Skyshare's application for recognition for collective bargaining in respect of pilots employed by NetJets across Europe.

United KingdomEmployment and HR
Alison Wallace
Alison Wallace

NetJets Management Ltd v Central Arbitration Committee and Skyshare 2012 EWHC 2685

The CAC in this case decided there were no territorial restrictions preventing Skyshare's application for recognition for collective bargaining in respect of pilots employed by NetJets across Europe despite the majority of the pilots living abroad and the High Court agreed.

The private airline however, objected and applied for a judicial review. Although the pilots' contracts were governed by English law, they paid National Insurance contributions and NetJets was registered in Great Britain, the pilots' instructions were actually issued by the Lisbon-based company which owned the airplanes and 616 of the 779 pilots lived in countries other than the UK. Nevertheless, the High Court decided that applying the test set out by the Supreme Court in Ravat (see Bulletin 54 – June 2012) the connection with Great Britain was sufficiently strong for the Union to be able to seek recognition to

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