Netjets Management Ltd v Central Arbitration Committee & Anor [2012] EWHC 2685 (Admin) (05 October 2012)

Netjets Management Ltd v Central Arbitration Committee & Anor [2012] EWHC 2685 (Admin) (05 October 2012)

The Panel correctly applied the 'sufficiently strong connection' test from Ravat. The connection of the group of workers with Great Britain, considering the employer's registration, contract terms, and governing law, is sufficiently strong for the union to seek statutory recognition. There was no error of law in the Panel's approach or conclusion.

Citation
[2012] EWHC 2685 (Admin)
Parties
Claimant: NetJets Management Limited; Defendant: Central Arbitration Committee; Interested Party: Skyshare (an independent trade union)
Jurisdiction
England and Wales
Judgment Date
05 October 2012
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Trade Union Recognition, Collective Bargaining, Territorial Jurisdiction, Judicial Review, Human Rights
Employment Law Labour Law Administrative Law Trade Union Recognition Collective Bargaining Territorial Jurisdiction Judicial Review Human Rights

Case Brief

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Parties

NetJets Management Limited

Claimant

Central Arbitration Committee

Defendant

Skyshare (an independent trade union)

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Central Arbitration Committee erred in law regarding territorial restrictions on union recognition under Schedule A1 to TULR(C)A 1992
  2. 2 Whether the connection between the proposed bargaining unit and Great Britain is sufficiently strong for statutory recognition purposes

Ratio Decidendi

The Panel correctly applied the 'sufficiently strong connection' test from Ravat. The connection of the group of workers with Great Britain, considering the employer's registration, contract terms, and governing law, is sufficiently strong for the union to seek statutory recognition. There was no error of law in the Panel's approach or conclusion.

Court Disposition

Claim dismissed