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P v NASUWT

[2003] IRLR 307

Case summary last updated at 17/02/2020 21:29 by the Oxbridge Notes in-house law team.

Judgement for the case P v NASUWT

P was a disruptive child in school but the school refused to expel him, despite him disrupting one of D’s member’s classes. Trade union balloted all but one of its members for a strike and the result was 25-1 in favour, the union failing to ballot one of its members by accident. HL denied an injunction against the strike, saying that it was a ‘trade dispute’ within the meaning of s.244 TULRCA 1992 and that the failure to ballot 1 member was not fatal to the procedure as it was a ‘small accidental failure’ under art. 232B. 
 
Lord Bingham: a genuine dispute between employees and their employers which related wholly or mainly to the job the employees were employed to do or the terms and conditions on which they were employed to perform it; that the dispute between the teaching staff and the head teacher, and governors, plainly related directly to their job, which was to teach P, and was about the terms and conditions of their employment

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