A former Ofsted inspector was unfairly dismissed when bosses sacked him for brushing water off a child’s head, the Court of Appeal has found.
Andrew Hewston was sacked for gross misconduct following the incident in October 2019. UNISON, who represented Andrew, said Ofsted was wrong to waste public funds pursuing its former inspector through the courts.
Andrew Hewston should now receive compensation for his sacking, having won yesterday (17 October) and in the courts last year. In August 2023, the employment appeal tribunal overturned an original employment tribunal judgment and ruled Ofsted had been wrong to dismiss him.
However, Ofsted decided to try and overturn that decision and took the case to the Court of Appeal. Rejecting Ofsted’s appeal, the judges said they were keen to give their decision on the long-running case immediately. UNISON is hopeful that Andrew’s five-year ordeal is finally drawing to a close.
UNISON general secretary Christina McAnea said: “Andrew Hewston’s career was unnecessarily cut short by Ofsted. He never should have been sacked and Ofsted shouldn’t have wasted public money pursuing him through the courts.
“The speed at which the judges rejected Ofsted’s appeal reflects how wrong it was to continue going after Andrew. Hopefully his long ordeal is now finally drawing to a close.
“This case shows once again the value of being in a union.”
Andrew Hewston said: “I have spent the past five years dealing with the fallout of Ofsted’s decision. It has been a very difficult time, but I am glad my name has been cleared and my exemplary record remains intact.”
Notes to editors:
– Timeline of Ofsted vs Andrew Hewston
October 2019:
Ofsted inspector Andrew Hewston brushes water off a child’s head during a school inspection.
November 2019:
Following a complaint from the school, Andrew is hauled before a disciplinary panel.
December 2019:
Andrew is sacked by Ofsted for gross misconduct.
November 2021:An employment tribunal dismisses Andrew’s claim for unfair dismissal.
August 2023:
The employment appeal tribunal upholds Andrew’s appeal.
17 October 2024:
Ofsted appeal that decision, but the Court of Appeal rejects the appeal and gives a decision on the day.
– The judges were keen to give their decision on the day. The reasons for their judgment will come later.
– UNISON is the UK’s largest union with more than 1.3 million members providing public services in education, local government, the NHS, police service and energy. They are employed in the public, voluntary and private sectors.
Media contacts:
Dan Ashley M: 07789 518992 E: d.ashley@unison.co.uk
Liz Chinchen M: 07778 158175 E: press@unison.co.uk
The article Former Ofsted inspector wins unfair dismissal case after being sacked for brushing water off a child’s head first appeared on the UNISON National site.
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