Mishcon de Reya’s clients, Neil Butler and Luke Lockyer, have successfully finalised a consent order with the National Association of Schoolmasters Union of Women Teachers (NASUWT). The union has now reopened its nominations for the position of General Secretary following urgent legal proceedings issued last week.
Previously, NASUWT declared Matt Wrack General Secretary unopposed, citing a ruling that barred Mr Butler from seeking nomination based on his non-member status—despite no such restriction appearing in the union’s Rule Book. As a result of the consent order, Mr Butler is now permitted to seek nomination, and the NASUWT has agreed to cover our clients’ legal costs.
Neil Butler stated: “I am pleased that our union has finally listened to the concerns raised by myself and many members and has re-opened 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.”
Robert Lewis, Partner at Mishcon de Reya, commented: “Today’s agreement to re-open the nomination process underscores the importance of trade unions following their own rule books in conducting free and fair elections. 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. We welcome the NASUWT’s decision to reach this consent order, which will allow its membership the proper opportunity to choose their General Secretary.”