Skip to Main Content

Find Case LawBeta

Judgments and decisions from 2001 onwards

Ofsted v Andrew Hewston

[2024] EWCA Civ 410

Case No: CA-2023-001757

IN THE COURT OF APPEAL

CIVIL DIVISION

Neutral Citation Number [2024] EWCA Civ 410

Royal Courts of Justice

Strand,

London,

WC2A 2LL

Date: 13th March 2024

Start Time: 11.56 Finish Time: 12.00

Before:

LORD JUSTICE LEWISON

LADY JUSTICE ELISABETH LAING

Between:

OFSTED

Applicant

- and -

ANDREW HEWSTON

Respondent

ANDREW ALLEN KC and PAUL LIVINGSTON (instructed by DAC Beachcroft) for the Applicant

TOM KIRK (instructed by Thompsons) for the Respondent

APPROVED JUDGMENT

If this Transcript is to be reported or published, there is a requirement to ensure that no reporting restriction will be breached. This is particularly important in relation to any case involving a sexual offence, where the victim is guaranteed lifetime anonymity (Sexual Offences (Amendment) Act 1992), or where an order has been made in relation to a young person.

This Transcript is Crown Copyright.  It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority.  All rights are reserved.

Digital Transcription by Marten Walsh Cherer Ltd.,

2nd Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP.

Telephone No: 020 7067 2900. DX 410 LDE

Email: info@martenwalshcherer.com

Web: www.martenwalshcherer.com

LORD JUSTICE LEWISON:

1.

This is an application for permission to appeal against the decision of the Employment Tribunal which itself overturned the decision of the Employment Tribunal and decided for itself that the respondent had been unfairly dismissed from his position as an Inspector.

2.

There are three grounds of appeal. The first relates to whether the EAT was entitled to conclude that the ET was wrong in saying that dismissal fell within the band of reasonable responses. The second ground relates to alleged procedural defects in the investigation and disciplinary proceedings which led to the dismissal, and the third ground is that the EAT was wrong in deciding for itself whether the dismissal was unfair, rather than remitting that question to the ET.

3.

As I have said, this is an application for permission to appeal. Our task is not to decide whether the appeal will or will not succeed, our task is simply to decide whether the appeal has a real prospect of success. Having heard short submissions from Mr Allen, King’s Counsel, and Mr Kirk, we have come to the conclusion that on all three grounds there is a real prospect of success and consequently we grant permission to appeal on all three grounds.

LORD JUSTICE LEWISON: Gentlemen, what about a time estimate? A day?

MR ALLEN: I think a day would be sufficient and a day would also be necessary, given the number of different grounds.

MR KIRK: I agree.

LORD JUSTICE LEWISON: You agree, Mr Kirk. Would you please draft an order recording the grant of permission, recording your agreement about costs and with a time estimate of one day. Do I need to give any further directions about the conduct of the appeal?

MR ALLEN: Not from my perspective, my Lord.

MR KIRK: My Lord, no.

LORD JUSTICE LEWISON: I think I will say then three LJs and it might be as well to say at least one with Employment experience.

MR KIRK: My Lord, thank you.

MR ALLEN: My Lord, do you wish me to record that in the order?

LORD JUSTICE LEWISON: Yes please. When we grant permission on paper we are always asked whether there needs to be any special expertise on the constitution. I think this is one of those cases where it would help.

MR ALLEN: I think so, yes.

LORD JUSTICE LEWISON: Thank you both very much.

-----------------------------

(This Judgment has been approved by the Judges.)

Digital Transcription by Marten Walsh Cherer Ltd

2nd Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP

Telephone No: 020 7067 2900 DX: 410 LDE

Email: info@martenwalshcherer.com

Web: www.martenwalshcherer.com

Ofsted v Andrew Hewston

[2024] EWCA Civ 410

Download options

Download this judgment as a PDF (131.4 KB)

The original format of the judgment as handed down by the court, for printing and downloading.

Download this judgment as XML

The judgment in machine-readable LegalDocML format for developers, data scientists and researchers.