Court of Appeal rules that Ofsted Inspector was unfairly terminated

According to the Court of Appeal, an Ofsted inspector dismissed for sweeping water from a child’s head was unfairly fired.

Andrew Hewston, who had been with the Schools Inspectorate for 12 Years, was dismissed summarily for touching a student’s forehead and shoulders to remove rainwater in 2019 during an inspection.

In 2021, he brought Ofsted before an employment tribunal for both unfair dismissal and wrong dismissal. But both claims were dismissed .

Hewston appealed, and his claim of unfair dismissal at the Employment Appeal Tribunal was upheld in June 2023. Ofsted appealed and the Court of Appeal upheld the EAT decision.

The court found that the relationship between Hewston’s school and Ofsted was already poor, which resulted in a complaint letter “redolent of hostility”.

The school complained about the invasion of the student’s privacy and the “slimy, precarious” situation that Hewston was in.

In his judgement, the Lord Justice Warby stated that the child’s version of the incident was “a lot less dramatic” than the teacher’s version.

He said that “there was never any suggestion of an improper motive on the claimant’s part: what he had done was meant as a friendly gesture of sympathy and help”.

The court heard Hewston say that during his disciplinary investigation he felt that his actions did not fall within the scope of disciplinary procedures.

Hewston said to the court: “To suggest that I am guilty of inappropriate behavior if I say I wouldn’t do it again, would be a lie.” I believe that the gestures of caring for a child, and engaging with them were not crimes and that this was necessary to reach this point. It doesn’t fall under the definition of gross misbehavior.”

The Court pointed out also that touching a student was not listed as a gross misconduct example, despite Ofsted telling Hewston his dismissal was “in accordance with Ofsted’s policy and procedures”.

Hewston stated in a press release following the verdict: “I have spent the last five and a quarter years dealing with Ofsted’s decisions.

It has been a difficult time, but I’m glad that my name is now clear and my record of exemplary conduct remains intact.”

Unison supported him throughout. Christina McAnea, general secretary of Unison said: “He should never have been dismissed and Ofsted shouldn’t have wasted taxpayers’ money by pursuing him through the courts.”

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