The PDA union requested statutory recognition by the employer. Shortly before that request, the employer entered into a limited recognition agreement with a non-independent in-house union, the effect of which was to prevent the PDAU’s recognition request from proceeding. The PDAU appealed the High Court’s decision that the statutory recognition legislation, which provided for this outcome, was not in breach of the European Convention on Human Rights. Their appeal was dismissed and the Court of Appeal held that the right in the legislation for a worker to apply at any time for the in-house union to be de-recognised (subject to the necessary worker support), following which the PDAU would be able to apply for recognition, resulted in there being no breach of the Convention. However, as the Court observed, the employer’s victory may be short-lived since ‘a route has been identified under which the PDAU can seek to take advantage of the statutory recognition procedure’.