header-logo header-logo

20 March 2025
Issue: 8109 / Categories: Legal News , Employment
printer mail-detail

School inspector wins case

A former Ofsted inspector sacked for brushing rain from a child’s head was unfairly dismissed, the Court of Appeal has held in a unanimous ruling

Andrew Hewston was summarily dismissed for gross misconduct after the incident in October 2019. The Employment Appeal Tribunal (EAT) found in favour of Hewston on the ground of substantive unfairness since it could not have been obvious to him that what he did was conduct for which he could be dismissed. This was because there was no safeguarding issue, Ofsted did not have a ‘no-touch’ policy and there was no policy or guidance given in training on the subject of touching students.

On appeal to the Court of Appeal, in Hewston v Ofsted [2025] EWCA Civ 250, Ofsted argued the tribunal judge had rightly considered the substantive misconduct and Hewston’s insistence he did nothing wrong as showing lack of insight that undermined Ofsted’s trust in his professional judgment.

However, Lord Justice Underhill, delivering the main judgment, noted: ‘I find it hard to see how in such a case it could be reasonable for the employer to bump up the seriousness of the conduct only because the employee fails during the disciplinary process to show proper contrition or insight… It is reinforced by the fact that how employees react to an allegation of misconduct is likely to vary greatly according to individual temperament and the dynamics of the particular situation… it is inevitable that some employees will be overly defensive.

‘In some cases also, where the issue is whether what was done constituted misconduct, an employee who genuinely believes that it did not faces the dilemma that if they say that they would not do the same thing again they may be taken to be accepting guilt.’

Hewston was represented by Unison Legal Services. Christine McAnea, Unison general secretary, said Hewston’s ‘career was cruelly and unnecessarily cut short’.

Issue: 8109 / Categories: Legal News , Employment
printer mail-details

MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll