Zarah ChoudharyA unanimous judgment was handed down on 14th March, 2025 by the Court of Appeal which 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.
Hewston was summarily dismissed for gross misconduct following the incident in October 2019.
The judgment made it clear Ofsted was wrong to “bump up the seriousness” of the conduct with accusations about reputational damage and a loss of trust and confidence.
The judgment’s related to a Court of Appeal hearing last autumn, which rejected Ofsted’s attempt to overturn a 2023 employment appeal tribunal verdict that said Hewston had been unfairly dismissed.
The judges said it remains unclear what rules Hewston had actually broken.
Christina McAnea, general secretary at UNISON 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.”
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.”
