By UNISON head of legal Shantha David

Over the past few years Ofsted - the government's Office for Standards in Education, Children's Services and Skills - has sacked two of our members, both of them long-standing Ofsted inspectors.

UNISON's legal team has challenged these decisions and in the space of the last nine months, Ofsted has lost two big legal appeal cases.

Each of these cases lasted years, caused heartache for these members and shows a worrying pattern of behaviour in how Ofsted operates.

Both cases went to the appeal courts, and in each of these appeal victories, Ofsted was criticised: first that its disciplinary and capability processes lacked clarity, fairness, and proportionality, and then that it failed to follow evidence-based, reasonable procedures.

With Rupi, an early years Ofsted inspector, the Employment Appeal Tribunal found last week that a tribunal was wrong in its conclusion that she had not been unfairly dismissed and suffered disability discrimination after suffering soft tissue cancer in her right shoulder.

Rupi was diagnosed with cancer in March 2021, underwent surgery the next month, and was cleared to return to work from home in September 2021, and then a phased return to work some 3 weeks later.

An access to work assessments suggested adjustments, and a consultant's report said that with support, she would have been able to do her job long term.

The appeal tribunal found that Ofsted could have considered or provided reasonable adjustments to help Rupi return to more duties. Alternatively there was "no meaningful consideration of redeployment". Instead, Ofsted rushed to dismiss Rupi.

Read more about Rupi's case

The Court of Appeal found that Andy, another Ofsted inspector, had been unfairly dismissed for brushing water off a child's head.

The Court said Andy was an "experienced inspector with an unblemished record on safeguarding issues" who had been sacked unjustifiably for gross misconduct, over what was meant to be a friendly and caring gesture.

The Court held that there were no safeguarding issues, here; that Ofsted had no rule, policy, or training guidance alerting inspectors that any physical touch could amount to gross misconduct.

They said Ofsted was wrong to "bump up the seriousness" of the conduct with loaded accusations of "touching without consent", reputational damage and a loss of trust and confidence. Andy faced the trauma of a dismissal in 2019, and vindication from the courts in 2025.

Read all about Andy and UNISON's long battle with Ofsted

Both members were humiliated, through no fault of their own. They had to face the stigma of dismissal, damage to their reputations, mental anguish, and annihilation of careers.

Ofsted would do well to look at themselves, given the negative press they continue to receive. Just in these two cases, they have spent years defending indefensible positions, wasting taxpayers' money - our money - and putting our members through hell.

To completely misquote both Oscar Wilde and James' Bond's arch-villain Auric Goldfinger: Once may be a mistake, and twice carelessness.

But rest assured, do it again and UNISON will be here, ready and with another legal challenge. Let's hope that won't be necessary.

UNISON represents staff working for Ofsted in early years and social care inspection. Ofsted inspectors play a vital role in ensuring and enhancing the quality of care and education in social care and nurseries. UNISON leads on negotiations for the pay and conditions of staff working for Ofsted and on workload and other professional issues. [...]