A Hewston v Ofsted

A Hewston v Ofsted

The tribunal erred in law by failing to consider whether the claimant was on fair notice that his conduct could result in dismissal, given the absence of a clear policy or guidance on physical contact. The failure to provide key evidential documents to the claimant rendered the process unfair. The tribunal also failed to make a clear and distinct finding on wrongful dismissal. The dismissal was therefore unfair, and the wrongful dismissal complaint must be redetermined.

Parties
Appellant/claimant: Mr A Hewston; Respondent: OFSTED
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed. Judgment of fair dismissal quashed. Finding of unfair dismissal substituted. Wrongful dismissal complaint remitted for redetermination.
Legal Topics
Unfair Dismissal, Wrongful Dismissal, Disciplinary Procedure, ACAS Code, Contract of Employment
Employment Law Unfair Dismissal Wrongful Dismissal Disciplinary Procedure ACAS Code Contract of Employment

Case Brief

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Parties

Mr A Hewston

Appellant/claimant

OFSTED

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the dismissal of the claimant was unfair under section 98 of the Employment Rights Act 1996
  2. 2 Whether the dismissal was wrongful (repudiatory breach of contract)
  3. 3 Whether the employer complied with the ACAS Code and principles of natural justice in the disciplinary process

Ratio Decidendi

The tribunal erred in law by failing to consider whether the claimant was on fair notice that his conduct could result in dismissal, given the absence of a clear policy or guidance on physical contact. The failure to provide key evidential documents to the claimant rendered the process unfair. The tribunal also failed to make a clear and distinct finding on wrongful dismissal. The dismissal was therefore unfair, and the wrongful dismissal complaint must be redetermined.

Court Disposition

Appeal allowed. Judgment of fair dismissal quashed. Finding of unfair dismissal substituted. Wrongful dismissal complaint remitted for redetermination.

Orders

  • Judgment that the dismissal was fair quashed and finding of unfair dismissal substituted.
  • Remitted to a different tribunal to determine remedy for unfair dismissal and to redetermine the wrongful dismissal complaint.