Alan Johnson, the education secretary, is facing legal action from the National Union of Teachers (NUT) for not including the union in high-level talks about pay and working conditions.
The union filed a case in 2000 against former education secretary David Blunkett in relation to performance-related pay and won the law suit.
Now, general secretary Steve Sinnott has approached Mr Johnson with a formal letter explaining the NUT's anger at their exclusion from the talks and how it has begun legal proceedings.
Mr 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 this conference we have initiated legal proceedings against the secretary of state."
The exclusion of the union from the important talks came about after the NUT revealed it would not sign up to a national deal on reforming teacher workloads.
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