Hewston v Office for Standards in Education, Children’s Services and Skills

Subject Matter

EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal — School inspector dismissed for touching child’s head and back during inspection — Whether dismissal falling within band of reasonable responses — Whether proper regard paid to Acas code — Whether dismissal fair — Employment Rights Act 1996 (c 18), s 98

[2023] EAT 109; [2023] IRLR 878, EAT

EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal — School inspector dismissed for touching child’s head and back during inspection — Whether dismissal falling within band of reasonable responses — Whether dismissal unfair — Employment Rights Act 1996 (c 18), s 98(2)

[2025] EWCA Civ 250; [2025] ICR 1270; [2025] 3 All ER 1016; [2025] IRLR 457; [2025] WLR(D) 150, CA

Appellate History

Hewston v Office for Standards in Education, Children’s Services and Skills [2023] EAT 109; [2023] IRLR 878, EAT

Decision of the Employment Appeal Tribunal affirmed

Hewston v Office for Standards in Education, Children’s Services and Skills [2025] EWCA Civ 250; [2025] ICR 1270; [2025] 3 All ER 1016; [2025] IRLR 457; [2025] WLR(D) 150, CA

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