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Court of Appeal agrees with EAT that Ofsted inspector dismissed for brushing water off a child’s head was unfairly dismissed

Adrian Fryer

The recent Court of Appeal judgment in Hewston v Ofsted serves as a reminder to employers of the importance of using policies to set clear workplace standards. It also shows that, if an act isn’t misconduct, an employer cannot throw other factors (such as reputational damage and a lack of ‘insight’) into the mix to bump it up. In this case, the Claimant, an experienced Ofsted inspector with a clean disciplinary record, was summarily dismissed after touching a pupil’s forehead and shoulder to remove rainwater.

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Government provides clarity on the future of Statutory Sick Pay

Adrian Fryer

Statutory Sick Pay (SSP) is the amount payable by employers when an employee is absent from work due to sickness. It is currently set at a flat rate of £118.75 (from 6th April 2025). There are certain eligibility requirements, including the fact that SSP is not currently payable during the first three days of absence, known as ‘waiting days’ and that those earning below the Lower Earnings Limit (LEL) – £125 per week – were not eligible.

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What is the injury to feelings award and how is it calculated?

Where an employee is discriminated against by their employer in relation to a protected characteristic, they can bring a number of claims under the Equality Act 2010. The protected characteristics set out in this Act are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

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