The Education Union has agreed to pay £78,000 in legal fees after being forced to withdraw the controversial appointment as general secretary of Matt Lack.
A five-minute hearing at London’s Royal Court on Monday confirmed that NASUWT officially resumed its post nomination after NASUWT failed to follow its own rules.
The attorney acting on behalf of two claimants who sought an injunction challenge to Wrack’s appointment said the case was the first to have to withdraw the appointment of the general secretary on legal grounds.
NASUWT Welsh Officer Neil Butler and music teacher Luke Rockier have begun legal procedures relating to handling the nomination process that allowed Wrack, the head of state for the Clause (FBU).
Butler was said to have not been qualified to withstand the position as he was a non-member as an employee of the union. However, on Sunday, the union announced that nominations will resume until May 26th, specifying that non-members such as Butler are eligible to be nominated. Wrack will serve as interim acting general secretary.
KC Bessan Clydle, representing Butler and Locker, told Judge Goose that he was sitting in the High Court. “The union gave the applicant what they wanted through relief and an agreement order has been agreed. The application has been withdrawn and there is an agreement regarding costs.”
An embarrassing high court showdown was avoided after the NASUWT branch was informed over the weekend that it had received further legal advice on a flaw that excluded other candidates from the race by federal national executives.
Robert Lewis, partner at Mishcon De Reya, who represents the two claimants, said, “The agreement to resume today’s nomination process underscores the importance of unions following their own rulebooks when conducting free and fair elections.”
He states: “From a legal standpoint, this case is unique and we do not recognize the precedent of unions that are forced to withdraw the appointment of the general secretary for legal reasons.
“This case shows that members and future candidates can hold unions to explain whether they believe important democratic principles are overlooked.”
Many grassroots members expressed concern over the appointment of Wrack, a non-teacher. This came shortly after he was defeated as FBU general secretary.
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Butler, who attended the court, welcomed the sudden change. “I am pleased that our union has finally listened to the concerns raised by me and many members and resumed the nomination of general secretary to all eligible candidates.
“More than anything, the right to freely and democratically choose leaders of NASUWT members must be supported. It is unfortunate that this issue was not resolved before legal proceedings were issued.
“So much time and valuable union funds have been wasted for failing to follow what is clearly stated in the union’s rules. This is an important moment for our union and I look forward to fully participating in the transparent process that ensures that all members are heard.”
In a statement on Sunday, NASUWT said: “National executives recognize that individuals who raised concerns about the local association and the process are doing so in good faith, and the union is currently responding to those concerns by extending the above nomination period.”
