Sacked Inspector Wins Six-Year Unfair Dismissal Case Against Ofsted

The Court of Appeal has ruled that former Ofsted inspector Andrew Hewston was unfairly dismissed after being sacked in 2019 for brushing water off a child’s head during a school inspection.

Hewston, who had worked for Ofsted for over a decade, was dismissed following a disciplinary hearing that claimed he failed to maintain “professional boundaries” and did not acknowledge his “error,” despite his assurance that it would not happen again.

An employment appeal tribunal in 2023 found his dismissal unfair, but Ofsted sought to overturn the ruling through a Court of Appeal hearing last autumn. The Court of Appeal, however, unanimously ruled in Hewston’s favor. One judge described Ofsted’s decision as “deeply regrettable,” calling the incident a “momentary and well-meaning lapse of professional judgment” that was unlikely to be repeated.

Judges also highlighted Hewston’s “unblemished disciplinary record on safeguarding issues” and questioned which rules he had actually broken.

Reflecting on the past five-and-a-half years, Hewston described the ordeal as an extremely difficult time.

“I’m relieved my name has been cleared and my exemplary record remains intact,” he said. “Without Unison’s support, I might have accepted the original verdict, and my 35-year career would have been destroyed. I can’t imagine what my life would be like if I had done that.”

Unison, which represented Hewston, criticized Ofsted for using public funds to challenge his case.

General Secretary Christina McAnea stated: “Andrew Hewston should never have been sacked, and Ofsted’s pursuit of him through the courts was a waste of public money. The Court of Appeal’s swift dismissal of Ofsted’s appeal shows how wrong they were. Hopefully, this marks the end of Andrew’s ordeal.”