Hewston v OFSTED 
Decision NumberEAT 109
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionDismissal
The claimant was employed by the respondent as an Inspector. During a school inspection with a colleague a group of school children rushed in from outside after it had started to rain. The claimant brushed water off the hair from a child and placed his hand on the child’s shoulder. A complaint was raised by the School to the respondent with the teacher observing the incident feeling that it was inappropriate and uninvited contact. The teacher stated that the student looked embarrassed by what happened. This was corroborated by the student’s statement stating they did not feel comfortable when their head and shoulder was rubbed. The respondent duly
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