Credit: Marcus Rose
Andy Hewston (pictured above) first began working in children’s residential care settings when he was 20. He eventually moved into an inspection and regulation role and now, aged 58, he has spent his entire professional life working around children, including some of the most vulnerable children in Britain.
But, six years ago, something happened which caused him to question whether he would ever work again.
In 2019, Andy was working as an Ofsted inspector when he did a routine inspection at a boarding school in the West Midlands. Andy was an experienced inspector who had worked for the regulator for 12 years. He’d done countless inspections of care homes, secure schools and residential schools, and Ofsted had paid for him to complete his masters in inspection and regulation.
During the visit, a group of pupils had come in from a rainstorm and Andy brushed water off a 12-year-old boy’s forehead and put his hand on his shoulder.
“It was a very simple situation,” Andy explains. “I wiped a drop of rain off his forehead and said, “You look like a drowned rat, are you alright?”
Little did Andy know at the time that this would cause him to lose his job.
A consultant who was working for the school, who was present at the time, raised the interaction between Andy and the boy as a concern with the headteacher. The headteacher then sent Ofsted a detailed letter of complaint, which featured this incident among other issues they had. Ofsted then raised Andy’s interaction as a safeguarding breach. Disciplinary proceedings began and an investigation was opened. “That’s when it started to unravel,” Andy says.
“Ofsted contacted the LADO, which is the local authority designated officer. What the LADO wants to know is whether it’s serious enough to warrant an investigation or not, and they want to know about every aspect of your life that involves children.”
At the time, Andy was a school governor and also involved in the local junior rugby club, and the LADO contacted them to tell them that there had been an allegation against him.
“When you consider what the allegation was, which was a caring gesture towards a child, and then that being turned around as inappropriate touch, it feels very aggressive,” he says. “It was horrible.”
Andy Hewston at home in Sutton Coldfield. Credit: Marcus Rose
Andy feels as though the whole investigation was biased against him. The school that had made the complaint had a difficult relationship with Ofsted, after having repeatedly being rated as ‘inadequate.’
“When I said, ‘Look, this is a school that makes complaints all the time,’ it wasn’t listened to,” he says. To add to this, disciplinary proceedings were led by a senior manager who Andy had, several months before, tried to complain to about bullying he had experienced from his own line manager, to no avail. Throughout the procedure, the pupil’s statement was also not shared with Andy.
“I come from a very caring background, which is very much hands-on and let’s make sure kids are feeling OK,” Andy explains.
Throughout the disciplinary process, he maintained that his conduct toward the child had not been inappropriate, but that he would not do anything of the kind again given all the trouble that it had caused him.
This, however, was then interpreted by the employer as a lack of contrition for what he had done. Ofsted used both the initial incident, and his defence throughout the disciplinary process, to dismiss him for gross misconduct.
His dismissal letter stressed that he was not considered a safeguarding concern, was not a risk to children and had not done anything amounting to harm. Ofsted did not have any policy prohibiting physical contact with a child, nor any disciplinary rules that defined what type of touch would be considered misconduct.
In fact, it had not given its employees any guidance on the subject. But Ofsted’s view was that, as a senior and experienced inspector, he should not have initiated uninvited physical contact with a child, and in doing so had “brought Ofsted into disrepute”.
Andy was devastated. After a decades-long career, he found himself unemployed and unsure whether he’d ever be able to work again. His three children were anxious about what had happened, and his wife suddenly became the sole breadwinner for their family. When he went for job interviews and they asked him why he’d left his last position, he found himself in tears. “It hardly showed resilience,” he says.
Andy’s fight for justice
Andy describes UNISON as a ‘lifeline’ for him at the time. UNISON’s lead representative for Ofsted, Carolyn Thompson, had supported him throughout his disciplinary process and, when he lost his job, UNISON supported Andy to issue a claim against Ofsted for wrongful and unfair dismissal. The case went to the employment tribunal.
Andy waited 18 months for the tribunal, which had a five-day hearing in 2021. To his disappointment, the tribunal dismissed his claim. The tribunal judge found that Ofsted had conducted a fair and reasonable investigation and had formed a reasonable belief that his actions undermined Ofsted’s trust and confidence in his abilities, which amounted to gross misconduct.
On UNISON’s advice, and with support from UNISON’s national officer for Ofsted, Ben Thomas, and solicitor Ann Rooney from Thompsons, Andy decided to appeal the tribunal’s decision. “The solicitor said, ‘Look, this isn’t right, Ofsted have treated you really badly.’ Whenever I spoke to anybody, there was an incredulity about what kind of process I was having to go through from people I was working with.”
After another two years, and almost four years after he had initially lost his job, in June 2023 the case finally went to the Employment Appeal Tribunal (EAT). Andy won. The EAT concluded that Ofsted had unfairly dismissed him. This was on the basis that his dismissal had been both substantively and procedurally unfair. In the absence of any published guidance or disciplinary rules on what kind of touch was considered inappropriate, the EAT said that the employer had approached the situation in the wrong way.
Furthermore, the EAT found that during the initial disciplinary proceedings, Ofsted had been wrong to interpret Andy’s insistence that the touch had not been inappropriate as a lack of ‘insight.’ Receiving the news, Andy says, was “awesome.”
However, two weeks after Andy found out he’d won, he got the news that Ofsted was planning to appeal this decision once more. “It was soul destroying”, Andy says. “It was as though Ofsted were just throwing money at it to see when I’d break. When I heard they were going to appeal again I just thought, why? Why?”
In 2024, when Andy’s case went to the Court of Appeal, again with UNISON’s support, and this time with Bruce Robin, UNISON’s in-house senior legal officer representing him, the court upheld the EAT’s decision.
Unusually, the judges gave their judgment on the day the case was heard, saying that Andy shouldn’t have to suffer any more. In a written judgment provided in March 2025, they considered Andy’s case in its fuller context, stating there was a “pre-existing poor relationship” between Ofsted and the school, and that the original letter of complaint was “redolent with hostility.”
One of the appeal judges, Lord Justice Warby, said that Andy’s conduct did not merit dismissal and that Ofsted had failed to make it clear to Andy in advance that he would be dismissed for behaving in the way that he did.
“I think the root cause may be that Ofsted had not clearly identified in its own mind what was wrong about the claimant’s behaviour,” he said, particularly as Ofsted did not have a‘no touch’ policy.
‘If UNISON hadn’t supported me, it would have been 30 years of my reputation taken out by a sledgehammer’
After six long years, Andy is finally starting to put the ordeal behind him. He now has a very busy practice as a consultant, and the final stage in the legal proceedings will be a hearing with the employment tribunal in November 2025. This is to decide whether he will be re-instated as an Ofsted inspector or awarded compensation only.
Andy has also found comfort in knowing that, while his original dismissal felt very personal, the bigger legal issues that have since emerged from the case could help otherpeople in similar situations.
After news coverage of his case, Andy says several people have got in touch with similar issues. “I’ve had people get in touch with me through LinkedIn saying, ‘I’m going through this with Ofsted, this is really difficult. How did you manage to get through this?’
“When they ask for my advice, I tell them to be in a union. Let’s be honest, if UNISON hadn’t supported me, it would have been 30 years of my reputation taken out by a sledgehammer, and I’m not sure what would have happened.”
He’s pleased that his case has also gone on to shape employment law. “I’ve got a friend of mine whose daughter is completing a law degree. She texted him the other week to say, ‘I’ve just had a lecture all about Andy!”
Shantha David, UNISON’s head of legal services, says: “UNISON saw the strategic importance of this case as being important for Andy and all others who have been unfairly dismissed for alleged misconduct. The comments from the Court of Appeal highlight the way in which common sense ought to have prevailed.”
Ben Thomas, UNISON’s national officer, says: “I was really shocked when I first heard about Andy being sacked. It was important for UNISON to take a stand on this case as not only was it so blatantly unfair, but it could also affect all our members in Ofsted and other workplaces who work with childrenand might face similar accusations.
“It’s been a long journey for all involved in this case. Going through the tribunal process can take a real toll on people. Andy has shown great fortitude and resilience throughout these last six years to fight for the justice he deserves.”
UNISON general secretary Christina McAnea adds: “Andy 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 Andy’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 Andy.
“The union is delighted that it was able to step in, support Andy and expose Ofsted’s dreadful behaviour. But it should never have come to this.”
I worked with Andy during all this. What was also significant, was the impact his suspension, then dismissal, had on colleagues still working. There was a general climate of fearfulness amongst our colleagues to openly support Andy, though many supported him privately.
Inspectors were worried that to raise open conversations with Ofsted about the issue of touch during inspections or admit that many of us used touch as a means of safe, positive communication and rapport building, would also bring them under uncomfortable scrutiny by managers. Documents obtained from Ofsted showed that senior regional managers were indeed tracking those who did raise the issue in professional supervision.
I regret I did not do more to make noise openly amongst Ofsted colleagues in internal Ofsted forums about the issue in Andy’s case. I too felt Ofsted’s power. But I think that asking the obvious question openly would have shown the importance of speaking truth to power, given much needed support to Andy and reduced his isolation. I was confident though that Unison were supporting Andy from the outset.
Brilliant work by the Union at local and national level to win this battle that should never have been needed. Fabulous people. Legal team excellent.
The cost to the public purse of Ofsted’s cruel, repeated legal challenges, the cost to Ofsted’s reputation, and the personal cost to Andy and his family are beyond calculation.
However, a quick calculation of a working lifetime’s subscription to Nalgo then UNISON = paid back in full. Thank you Unison.
What a wonderful result for Andy and Unison.
As a trade union caseworker, I have recently achieved a good outcome at an Employment Tribunal for our member, with the assistance of an excellent solicitor and barrister. ( £370K compensation) The whole case took six years. There are very few Union members strong and determined enough to stay the ‘course’. Many will be emotionally upset and often physically exhausted by their unfair treatment delivered by their employer.
Another great example of how Unison can help David against Goliath. Thank you Unison for standing up for a member.
My heart goes out to Andy. This is just par for the course for government quangos.
Such a terrible ordeal for anybody to put up with. This shows me the importance of having a union to back workers up. We may never need the kind of assistance that was required here and no doubt Andy never thought he would need it either but it gives peace of mind. Goodluck going forward Andy.
Brilliant news – I just wish more people were aware of the great work Unions do. It’s a long battle ahead as more and more firms discourage Union membership.
That is painfully familiar. Well, I wasn’t sacked, but I was not believed when I was arrested and suspended for alleged sexual assault in a hospital setting. Support from my trust was non-existent, and I had the feeling their mind was made up that I was guilty till the last minute.
If you haven’t experienced anything like this, you have no idea how devastating it is on all levels.
Andy went through a very stressful ordeal over years. IRt is good to know that Unison supported him with the bullying nature of this issue.
As a one time Staff Side Officer for Nalgo, I am appalled. This should never have happened and shows a complete lack of grip on the part of the senior management. That an act of innocent kindness could be interpreted as Gross Misconduct is outrageous.
Well done for supporting a member . Thanks.
The fact that Unison continued supporting Andy through this for so many years again highlights what an amazing organisation Unison is. Unions are essential to workers, especially those of us working in Education and Care. My local Unison in Enfield have always been amazingly supportive and I really don’t understand employees who work in education and refuse to join. I look on it as a type of life insurance.
Well done, Andy and all those who supported him through this ordeal.
Wow, all I can say is that, well done and thank you, Unison for your intense support throughout Andy’s ordeal. Many people are scared to work with children or Healthcare sector because of some unnecessary and absurd policies. What Andy did was to care for that boy who was soaked with rain. My question is, what if it was a girl?
Once again, thank you, Unison.
Absolutely diabolical treatment. Thank goodness Unison stood by Him. The problem is they have negatively affected his health I am sure, compensation cannot redress this
If Andy had been female, would he have been persecuted in the same way?
No., I dont think so. That is an entirely different hornets nest.
Great ! News ! Andy. I hope Unison give me the legal support I need as I am on precautionary suspension for the past 8 months for false allegations the day before I received the suspension letter it was reported to the police , on that day the person who reported it knew the police would not be doing anything it in fact the police never even contact me i contact them, when I spoke we the police officer he told the complaint was closed off on the day it was reported and the person knew that, yet the next day I get a precautionary suspension letter from work I do hope Unison step in and help me fight my case as I have plenty of evidence .
Excellent result and well done Unison colleagues in your support of Andy, and as others have said, well done Andy for staying the course during a very difficult time.
Ofsted seem to think they are a law unto themselves!!
I’m so happy for Andy. Thank you Unison for fighting for him. I hope he will be able to heal fully from the emotional hurt he has experienced in the last 6years.
i think andy should be compensated for his loss of earning he would have made had he not been dismissed.
I am super impressed by the support of Unison in Andy’s case, Thanks for the re-assurance and confidence level your create in every Unison members.
Well done Unison. This is a great reward for the tough and hard life some of the employers can make their employees go through regardless of mental torture ones passing through as well set families apart.
I enjoying colleagues who have not join Unison to do so without wasting any time further for situations like this. You need help, advise and companionship at the time like this.
Praise is due to Andy for contesting his dismissal and praise too for UNISON for sustained and intelligent support. But it’s lamentable to see Ofsted involved in this kind of institutionalised collective bullying of an individual. I hope this is a warning to them to up their game when it comes to procedural fairness and rational proportionate objectivity in assessing this kind of situation next time.
This is an achievement for the union well done
Totally shocking and never let company bully you we fight back and win..
Well done UNISON for supporting Andy. It seems OFSTED has a lot to answer for in the way it dealt with the issue. As an ex council worker now retired I was given support by UNISON when I was redeployed.
Wow, thanks for the wonderful work you do for us Unison, glad Andy got the result he deserves and compensation arrives very soon!!
What a horrible situation to find yourself in!
I recently retired as a Registered Nurse and I have seen colleagues who faced these sorts of cases. Previously, I was a police officer and I remember one of the very first classroom lessons we were taught was, ‘Sexual Misconduct is easy to allege, difficult to prove and even more difficult to disprove’. It certainly is difficult to disprove and from once there is a suggestion it seems people are quick to jump on the bandwagon but not quick to stand up and call out those making unfounded allegations.
Any form of kindness shown towards children or vulnerable adults is scrutinised and it is so easy to suggest ‘something isn’t right’. Its important to remember that often something is right! Of course there will be times when it isn’t but for goodness sake in the absence of any evidence to the contrary, this was a simple act of kindness.
My elderly Mum was dying and a male Philippine nurse sat at her bedside reciting the rosary with her when I walked in. He was petrified I would report him for this act of kindness as he was told Nurses cannot engage in religious activities and should not hold hands of patients. My Mum – an ex Nurse herself – needed that physical contact and that support and it certainly eased her passing.
I hope Andy gets through all of this without too many scars but I can imagine the trauma of the whole process will leave some deep wounds.
And that’s why we pay our Union Fees. Well done Unison and Andy I am relieved for you. Good luck with rebuilding your life.
I’m happy to hear that Andy finally got justice. Thank you UNISON for your support to Andy all through those gruesome years.
Those of us who experience all sorts of bullying in the workplace have confidence that UNISON got our back.
This is so informative, educative and insightful .Thank you for sharing your story; it will help others who have been through a similar ordeal understand how to deal with such situations and navigate the challenges that come with them.
Good Job Unison.
I’m going through the exact same thing as the gentleman (Andy ), i’ve been in the sector i work in for 17 years, i’m good at my job ,my knowledge, experience etc is top notch never had any complaints or disciplinary issues or warnings in the 5 years that I worked for my now ex employer, I can’t say anymore than I already have this is because I’m still going through with the appeal, against my ex employer, my union rep is absolutely fantastic and knows what they are doing i’m so glad that I have someone who is very caring and very good at what they do, to cut a long story short, me and my union rep would meet regularly to go through every bit of evidence, so when we actually got to the disciplinary hearing after me being suspended for 9 months, my ex employers case was layed out supposedly what I was alleged to have done ,we layed our case out the evidence we have got is very strong and proved I am innocent and we disproved their case ,their evidence is weak ,everything from the investigation to the disciplinary hearing was all one sided in favour of my ex employer, I would love to tell my story once it’s all over.
Hi Andy,
well done i am so pleased that you have won against Ofsted and also being a unison member really helped as they supported you through out this ordeal.
Good luck to to you through the remainder of your life.
Andy – thank you for sharing your case. It gives others hope that justice can prevail. It also puts into perspective how long these things can take and how you have to be in it for the long haul. I’m so happy that things have turned out as they should have but as your article says – this should never have happened. Well done Andy and Unison for fighting for what is right.
this is so sad, but I am glad you got the correct outcome, sometimes I think staff are treated as robots, but being in unison is important as at least you have someone to back you when needed
What a difference having the support of a Union in what can be the bleakest time of your life. Hopefully most of us won’t need it, but what a relied knowing that it is there if we ever did.
Well done too to Andy for having the guts to see it through – a lot of people would have just given it at some stage, but you had the sense of right on your side to continue.
Well done Unison for the support you have given. Well done Andy for seeing and having the strength to see this awful situation through to the justice you deserved.
Well done Unison. It is so important for an employee to be in your trade union. As a Unison member for many years I was fortunate never to face this situation but our strength is in standing together and supporting each other. Ofsted as an organisation is a disgrace, caught out bullying both schools and its own employees, and it should be abolished.
This country has gone mad, people who are abusers of children, go under the radar because they abuse secretly. I’m glad you have support from unison.
Well done Unison. Well done done Andy for having the strength to keep going through this process. May I wish you and your family all the best for the future, you are an inspiration to all of us.
Nice work folks. I’m glad we got justice for Andy
Great job, UNISON. Thank you for your unwavering commitment to members!
This is maximum show of solidarity comradeship Unison. I am enthused honestly. Unison has proven again that injury to one is injury to all.
Solidarity for ever!
Bravo Great Unison.
It’s shocking how one well-intentioned gesture nearly destroyed a man’s lifelong career.