The National Union of Teachers is to sue education secretary Alan Johnson for refusing to include it in pay talks.
General secretary Steve Sinnott told the union’s annual conference in Harrogate: “The NUT’s exclusion from education policy matters is an outrage. We have been working hard to end this exclusion.
“Today I can tell conference we have initiated legal proceedings against the secretary of state.”
The union has been excluded from major talks since it refused to sign up to a national deal on reforming teacher workloads.
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Sinnott has written a formal letter to Johnson and is awaiting a response before the union issues formal proceedings.
The NUT successfully sued former education secretary David Blunkett over performance-related pay.