Action taken by teachers to refuse to teach a disruptive pupil was in the nature of industrial action. Encouragement to take such action by the teachers’ union made the union responsible for such action. The breach related to a refusal to comply with the employer’s requests as to the manner and circumstances of performance of the employment contract obligations. An accidental failure to ballot each and every union member of staff, was not sufficient to remove the union’s exemption of liability where the mistake if corrected would clearly have made no difference to the result of the ballot.
Citations:
Times 03-May-2001
Statutes:
Trade Union and Labour Relations (Consolidation) Act 1992 235A 232B
Jurisdiction:
England and Wales
Cited by:
Appeal from – P v National Association of School Masters/Union of Women Teachers CA 25-May-2001
Industrial action taken by teachers refusing to teach a disruptive pupil was related to their terms and conditions of employment. Encouragement to take such action by the teachers’ union made the union responsible for such action. The breach related . .
Lists of cited by and citing cases may be incomplete.
Employment, Education
Updated: 28 April 2022; Ref: scu.84522