A unanimous judgment handed down today (Friday) by the Court of Appeal has found that a former Ofsted inspector, dismissed for brushing water off a child’s head, was unfairly dismissed.
In passing judgment on the case, brought by UNISON on behalf of Andrew Hewston, the judges said it was “deeply regrettable” that the “experienced inspector with an unblemished record on safeguarding issues” had been sacked unjustifiably by Ofsted.
Andrew Hewston was summarily dismissed for gross misconduct following the incident in October 2019. The judgment makes clear Ofsted was wrong to “bump up the seriousness” of the conduct with accusations about reputational damage and a loss of trust and confidence.
Today’s judgment relates to a Court of Appeal hearing last autumn, which rejected Ofsted’s attempt to overturn a 2023 employment appeal tribunal verdict that said Andrew had been unfairly dismissed. The judges said it remains unclear what rules Andrew had actually broken.
UNISON says the judgment goes some way towards repairing the damage done to Andrew’s reputation and character, but that the watchdog was wrong to use public funds to pursue him through the courts.
The union added that the case was a sobering reminder of how quickly someone’s life can be turned on its head and how difficult it can be for workers to seek redress when they are fired.
UNISON general secretary Christina McAnea said: “Andrew Hewston’s career was cruelly and unnecessarily cut short by Ofsted. He never should have been sacked and Ofsted shouldn’t have wasted public money pursuing him needlessly through the courts.
“Hopefully Andrew’s long ordeal is now finally drawing to a close. This case is a sobering reminder of how important it is for all employees to belong to a union.
“No one knows when something might go wrong at work and lives can so easily be turned upside down by groundless accusations like those made by Ofsted against Andrew.
“The union is delighted that it was able to step in, support Andrew and expose Ofsted’s dreadful behaviour. But it should never have come to this.”
Andrew Hewston said: “At last I feel my ordeal is coming to an end. I’ve spent the past five and a half 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.
“Without the support of UNISON, I would’ve accepted the original verdict and my 35-year career would have been destroyed. I shudder to think what my life would be like now if I’d done that.”
As the law currently stands, workers can only take a case for unfair dismissal against their employer if they’ve been employed for more than two years. But under measures included in the government’s employment rights bill, this time limit will disappear.
Notes to editors:
– It’s expected that Andrew Hewston’s case will wrap up in the autumn when he should learn the level of compensation that he’s due to receive.
– Timeline of Ofsted vs Andrew Hewston
April 2007:
Andrew Hewston starts working for Ofsted
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 and sacked by Ofsted for gross misconduct.
November 2021:
An employment tribunal dismisses Andrew’s claim for unfair dismissal.
November 2023:
The employment appeal tribunal upholds Andrew’s appeal and finds he was unfairly dismissed.
October 2024:
The Court of Appeal rejects Ofsted’s appeal against that decision.
March 2025:
Court of Appeal judgment says it was deeply regrettable that Andrew was dismissed and that it is still not clear what rules he broke.
– Being able to claim unfair dismissal will become a day one right for more employees when the employment rights bill becomes law.
– 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 Court of Appeal rules Ofsted inspector sacked for brushing water off child’s head was unfairly dismissed, says UNISON first appeared on the UNISON National site.
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