Source: All England Reporter
Publisher Citation: [2012] All ER (D) 57 (Oct)
Neutral Citation: [2012] EWHC 2685 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Supperstone J

Representation John Bowers QC (instructed by Eversheds LLP) for the claimant.
  Peter Edwards (instructed by Russell Jones Walker LLP) for the union.
  The defendant did not appear and was not represented.
Judgment Dates: 5 October 2012

Catchwords

Trade union - Recognition - Collective bargaining - Claimant company employing pilots for fleet of business jets operating in Europe - Interested party trade union submitting application for recognition for collective bargaining by claimant in respect of pilots - Claimant contending system of statutory union recognition not applicable to pilots due to limits on territorial extent of legislation - Defendant's panel finding no such restrictions - Whether panel erring in approach to legal tests - Whether panel failing to consider relevant matters - Whether conclusion contrary to intention of Parliament - .

The Case

Trade union Recognition. The Administrative Court dismissed an application for judicial review by a United Kingdom registered company operating a fleet of business jets in Europe against a decision by a panel of the Central Arbitration Committee which found that there were no territorial restrictions relevant to a union's application for recognition in respect of all pilots employed by the company. The court found that the panel had applied the correct legal tests and had identified the most important factors leading to the conclusion that the connection of workers within the proposed bargaining unit, taken as a group, with Great Britain had been sufficiently strong for the union to be able to seek recognition for the purposes of conducting collective bargaining on their behalf.

Practice Areas

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