Teachers’ union reaches agreement in High Court legal action over top role

Teachers’ union NASUWT has reached an agreement to head off High Court legal action over the election of its new general secretary.

Neil Butler took legal action against the union shortly after the election of Matt Wrack to the position.

The union’s national executive committee had told Mr Butler that he was not eligible to stand for the position as a non-member.

Mr Butler, and the president of the union in Wales, Luke Lockyer, sought “injunctive relief” to force the union to reopen nominations.

After the union reopened nominations on Sunday, a High Court hearing was told on Monday that the two sides had reached an agreement over the legal battle.

Betsan Criddle KC, representing Mr Butler and Mr Lockyer, told the court: “The union has given the applicants what they were seeking by way of relief and a consent order has now been agreed.”

She added: “The application is withdrawn, and then there is an agreement in respect of costs.”

Concluding the hearing, Mr Justice Goose said he “commended the parties for approaching this in a conspicuously fair and speedy way”, which had led to a “desirable outcome”.

The agreement will see the union pay £65,000 of Mr Butler and Mr Lockyer’s costs, and VAT.

The NASUWT said on Sunday that nominations had been reopened until May 26, with Mr Wrack serving as acting general secretary in the interim.

Following the agreement, Mr Butler said he was “pleased” that the union had “finally listened to the concerns raised by myself and many members”.

He said: “Above all, the rights of NASUWT members to choose their leader freely and democratically must be upheld. It is a shame that this matter was not resolved before legal proceedings were issued.

“So much time and valuable union funds have been wasted because of a failure to follow what was clearly stated in the union’s rules.

“This is a significant moment for our union, and I look forward to fully participating in a transparent process that ensures every member’s voice is heard.”

Mr Wrack was announced as the successor to Dr Patrick Roach at the NASUWT after he was endorsed by the national executive committee.

It came months after he failed to be re-elected as general secretary of the Fire Brigades Union, a position he had held since 2005.

Under the NASUWT’s rules, local associations can nominate challengers, and if a candidate gets endorsements from 25 associations, there will be an election.

The deadline for submissions for any potential challengers for the position of general secretary was April 19, the final day of the NASUWT’s conference.

But Robert Lewis, partner at law firm Mishcon de Reya, which represents Mr Butler and Mr Lockyer, said that the committee ruled that Mr Butler “could not be nominated by local associations because he was a non-member despite there being no such restriction in the union’s rule book”.

Mr Lewis continued: “At least 12 local associations complained to the NASUWT’s president about the national executive’s ruling and these complaints went unanswered before nominations closed.

“Following the issuing of legal proceedings, the NASUWT’s national executive committee received legal advice and voted on the evening of Friday April 24 2025 to rescind its earlier ruling and enable both members and non-members to seek nomination, thereby ensuring a democratic and transparent election process.”

After the hearing, Mr Lewis said: “We are not aware of any previous precedent for a union being forced to withdraw the appointment of a general secretary on legal grounds.

“The case demonstrates that members and prospective candidates can, and should, hold unions to account if they believe key democratic principles have been overlooked.”

In a statement on Sunday, the NASUWT said: “It is important that there be stability and that the general secretary be appointed free from any suggestion that they have been elected otherwise than in accordance with due process.”

The statement added: “It is recognised that some local associations may have already made nominations and in light of this decision are free to maintain that nomination or at a duly convened meeting, make an alternative nomination. Local associations have already been notified of the position.

“The national executive recognise that the local associations and individuals who have raised concerns about the process have done so in good faith and the union now have responded to those concerns by extending the period for nomination as outlined above.”

The union also said that local associations will be permitted to submit nominations on behalf of members or non-members, with a ballot of members set to commence on June 19 and close on July 23, if required.