The Education (Modification of Enactments Relating to Employment) Order 1989

Trade disputes

5.  A dispute between staff employed to work at a school or institution which has a governing body with a delegated budget and that governing body which relates wholly or mainly to one or more of the matters set out in section 29(1) of the Trade Union and Labour Relations Act 1974(1) shall be a trade dispute within the meaning of that Act but, in any case where there is a trade dispute only by virtue of the operation of this article, nothing in section 13 of that Act(2) shall prevent an act from being actionable in tort where, as the case may be, the inducement, interference or threat mentioned in that section relates to a contract the performance of which does not affect directly or indirectly the school or institution over which the governing body in question exercises its functions.

(1)

1974 c. 52. Section 29(1) was amended by section 18 of the Employment Act 1982 (c. 46).

(2)

Section 13(1) was substituted by section 3(2) of the Trade Union and Labour Relations (Amendment) Act 1976 (c. 7), section 13(2) was repealed by section 19(1) of, and Schedule 4 to, the Employment Act 1982 and section 13(3) by section 17(8) of, and Schedule 4 to, the Employment Act 1980 (c. 42).