Former Ofsted inspector wins unfair dismissal case after being sacked for brushing water off a child’s head

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.

Former Ofsted inspector wins unfair dismissal case after being sacked for brushing water off a child’s head

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.

Violence in schools is no laughing matter

Commenting on remarks made by education secretary Gillian Keegan today (Friday) about ‘punching’ Ofsted inspectors, UNISON head of education Mike Short said:

“Clearly there’s much that can and should be improved about the way Ofsted inspections are carried out. But to suggest punching people is an appropriate reaction is not becoming of a government minister.

“Making light of violence when staff in schools are increasingly likely to face assaults is in very poor taste. Ofsted inspectors are already dealing with a great deal of hostility while they work. So much for showing respect.”

Notes to editors:
– 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:
Anthony Barnes M: 07834 864794 E: a.barnes@unison.co.uk
Liz Chinchen M: 07778 158175 E: press@unison.co.uk

The article Violence in schools is no laughing matter first appeared on the UNISON National site.

Violence in schools is no laughing matter

Commenting on remarks made by education secretary Gillian Keegan today (Friday) about ‘punching’ Ofsted inspectors, UNISON head of education Mike Short said:

“Clearly there’s much that can and should be improved about the way Ofsted inspections are carried out. But to suggest punching people is an appropriate reaction is not becoming of a government minister.

“Making light of violence when staff in schools are increasingly likely to face assaults is in very poor taste. Ofsted inspectors are already dealing with a great deal of hostility while they work. So much for showing respect.”

Notes to editors:
– 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:
Anthony Barnes M: 07834 864794 E: a.barnes@unison.co.uk
Liz Chinchen M: 07778 158175 E: press@unison.co.uk

The article Violence in schools is no laughing matter first appeared on the UNISON National site.

UNISON writes to civil service boss for clarity over pay offer

UNISON general secretary Christina McAnea has written to cabinet secretary Simon Case, the head of the home civil service, to raise the question of pay.

The union has members working for the civil service itself and for various agencies and regulatory bodies, including Ofsted, the Environment Agency and the Probation Service.

The letter makes reference to a recent offer of an unconsolidated payment of £1,500 in recognition of how the cost of living crisis is affecting employees.

This, says UNISON, is welcome, but it seeks clarity on a number of points, including:

  • that the offer is in respect of the 2022/23 pay year;
  • how the payment would be implemented for part-time and term-time only staff; and
  • how it would affect those employees who are members of the local government pension scheme (LGPS), which “treats all pay – including unconsolidated payments – as pensionable pay”.

Ms McAnea’s letter stresses that UNISON “strongly believes that this payment should be consolidated” – not least given the recruitment and retention issues facing the organisations involved – and also expresses disappointment that the union has not been consulted on the pay remit guidance for the coming year, nor on the one-off payment.

The general secretary has said that she would welcome a meeting with Mr Case, concluding: “I believe that addressing low pay will bring benefits not just for them, but for civil service recruitment and retention, and morale and motivation.

“A well-rewarded and stable workforce will deliver significant improvements in services.”

The union has also heard that the Cabinet Office is going to issue an FAQ to all staff affected by the proposed one-off payment. UNISON has asked for sight of this before publication, as there are local pay factors that need to be taken into account.

The article UNISON writes to civil service boss for clarity over pay offer first appeared on the UNISON National site.

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