A teaching union has agreed to pay £78,000 in legal costs after being forced to withdraw its controversial appointment of Matt Wrack as general secretary.
During a five-minute hearing at the Royal Courts of Justice in London on Monday, it was confirmed that the NASUWT hadformally reopened nominationsto the post after failing to follow its own rules.
Lawyers acting for the two claimants, who sought an injunction challenging Wrack’s appointment, said the case appeared to be the first where a union has had to withdraw the appointment of a general secretary on legal grounds.
Neil Butler, the NASUWT’s national officer for Wales, and Luke Lockyer, a music teacher, launched legal proceedings over the union’s handling of the nomination process that allowed Wrack – a former head of the Fire Brigades Union (FBU) – to be appointed unopposed as the executive’s “preferred candidate”.
Butler had been told he was not eligible to stand for the position because, as a union employee, he was a non-member. On Sunday, however, the union announced that nominations would reopen until 26 May, and specified that non-members such as Butler would be eligible to be nominated. Wrack will serve as acting general secretary in the interim.
Betsan Criddle KC, representing Butler and Lockyer, told Mr Justice Goose sitting in the high court: “The union has given the applicants what they were seeking by way of relief and a consent order has now been agreed. The application is withdrawn, and there is an agreement in respect of costs.”
An embarrassing high court showdown was averted after NASUWT branches were informed over the weekend that the union’s national executive had received further legal advice over flaws that had excluded other candidates from the race.
Robert Lewis, a partner at Mishcon de Reya, which represented the two claimants, said: “Today’s agreement to reopen the nomination process underscores the importance of trade unions following their own rulebooks in conducting free and fair elections.”
He wcontinued: “From a legal standpoint, this case is unique. 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.”
Many grassroots members expressed concern about the appointment of Wrack, a non-teacher, which came shortly after he had been defeated in his attempt to be re-elected as the FBU’s general secretary, a post he had held for 20 years.
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Butler, who attended court, welcomed the sudden turnaround. “I am pleased that our union has finally listened to the concerns raised by myself and many members and has reopened the general secretary nominations to all eligible candidates.
“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.”
In a statement on Sunday, the NASUWT said: “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.”