P v National Association Of Schoolmasters/ Union Of Women Teachers [2001] EWCA Civ 652 (9 May 2001)

P v National Association Of Schoolmasters/ Union Of Women Teachers [2001] EWCA Civ 652 (9 May 2001)

The dispute between teachers and their employer regarding the reasonableness of instructions to teach a disruptive pupil in class constitutes a trade dispute under TULRCA s244 as it relates to terms and conditions of employment. The union's accidental failure to accord ballot entitlement to two members was de minimis and did not remove statutory protection for the industrial action under s232A and s232B.

Citation
[2001] EWCA Civ 652
Parties
Appellant/claimant: P; Respondent/defendant: National Association of Schoolmasters/Union of Women Teachers; Amicus: William Hoskins
Jurisdiction
England and Wales
Judgment Date
09 May 2001
Procedural Posture
Appeal From Queen's Bench Division (judicial Review Refused, Claim Against Union Under TULRCA S235 A) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Trade Dispute Definition, Balloting Procedures, Industrial Action, Statutory Immunity, Children's Rights
Employment Law Trade Union Law Education Law Trade Dispute Definition Balloting Procedures Industrial Action Statutory Immunity Children's Rights

Case Brief

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Parties

P

Appellant/claimant

National Association of Schoolmasters/Union of Women Teachers

Respondent/defendant

William Hoskins

Amicus

Procedural Posture

Appeal From Queen's Bench Division (judicial Review Refused, Claim Against Union Under TULRCA S235 A) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the union's industrial action constituted a 'trade dispute' under TULRCA s244
  2. 2 Whether balloting failures removed statutory protection for the union's industrial action under TULRCA s232A

Ratio Decidendi

The dispute between teachers and their employer regarding the reasonableness of instructions to teach a disruptive pupil in class constitutes a trade dispute under TULRCA s244 as it relates to terms and conditions of employment. The union's accidental failure to accord ballot entitlement to two members was de minimis and did not remove statutory protection for the industrial action under s232A and s232B.

Court Disposition

Appeal dismissed

Orders

  • No order requiring union to cease inducement of industrial action
  • Section 235A application fails; union retains statutory immunity