Unfair dismissal

The recent case where Unison represented an Ofsted School's Inspector, highlights the value of being a Trade Union member. The case has taken 6 years to conclude, not one that the member could have pursued on his own without the support of his trade union Unison in clearing his name.

The Supreme court ruled in favour of Unison member Andy Hewston, and Ofsted have stated they will not be appealing this case any further.

For employees accused of gross misconduct, the response is often difficult to pursue due to the unforgiving nature of the legislation. The dismissal of an employee will be unfair unless the employer can show two things: first, that the dismissal was for one of five potentially fair reasons, such as conduct; and second, the acted reasonably in treating that reason as a sufficient reason for dismissal under the statutory test set out in section 98(4) of the Employment Rights Act 1996.

This part is frequently misunderstood, but case law has interpreted the statutory test to mean that a tribunal must assess objectively whether dismissal fell within the ‘range of reasonable responses’ available to the employer in the circumstances.

Read the fhttps://magazine.unison.org.uk/2025/06/11/legal-briefing-unfair-dismissal-for-gross-misconduct/ull story of how Unison supported Andy and finally reached a superb result.

BBC report from 18 March 2025 Ofsted was wrong to sack inspector over school complaint - BBC News

The full court judgement is here; Mr_A_Hewston_v_OFSTED__2023__EAT_109.pdf

Moore Barlow Layers offer this opinion on the value of clear policies; Hewston v Ofsted – the importance of clear policies and procedures - Moore Barlow LLP