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 to a refusal to comply with the employer’s requests as to the manner and circumstances of performance of the employment contract obligations. Nevertheless, 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 25-May-2001, [2001] ICR 1241, [2001] EWCA Civ 652
Links:
Statutes:
Trade Union and Labour Relations (Consolidation) Act 1992 235A 232B
Jurisdiction:
England and Wales
Citing:
Appeal from – P v National Association of School Masters/Union of Women Teachers QBD 3-May-2001
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 . .
Cited by:
Appeal from – In re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers HL 27-Feb-2003
The pupil had been excluded from school but then ordered to be re-instated. The teachers, through their union, refused to teach him claiming that he was disruptive. The claimant appealed a refusal of an injunction. The injunction had been refused on . .
Lists of cited by and citing cases may be incomplete.
Employment, Education
Updated: 19 May 2022; Ref: scu.84523
