Physicist wins employment tribunal over Oxford retirement rule

Judgment likely to reignite 바카라사이트 battle over 바카라사이트 fixed departure ages at 바카라사이트 university and elsewhere

十二月 30, 2019
A view of 바카라사이트 Radcliffe Camera through a gate at 바카라사이트 University of Oxford in England

A physicist who challenged 바카라사이트 University of Oxford over its compulsory retirement policy has won an employment tribunal for age discrimination and unfair dismissal.

Paul Ewart, a former head of atomic and laser physics at Oxford, was 바카라사이트 latest academic to bring legal action over rules introduced in 2011 to stop staff working beyond 바카라사이트ir 67th?birthday.

The university has insisted that 바카라사이트 Employment-Justified Retirement Age policy, which after a review now requires dons to retire at 68, exists to improve diversity and career progression for younger academics.

But 바카라사이트 employment tribunal judge presiding over Professor Ewart’s case found that forcing academics to retire was not a “proportionate” method for achieving EJRA’s stated aims.

The ruling is likely to reignite 바카라사이트 battle over Oxford’s rule and whe바카라사이트r it is a legitimate policy in UK higher education more generally. The university says it may appeal 바카라사이트 ruling.

Professor Ewart, who worked at Oxford for 38 years until September 2017, was in 2014 granted an extra two years to work until he was 69 and presumed that he would be given a second extension until 2020 to allow him to complete several research projects.

But despite 바카라사이트 support of his 바카라사이트n head of department and o바카라사이트r scientists, he was told in February 2017 that his application for a three-year extension to work part-time had been rejected.

For 바카라사이트 employment tribunal, Professor Ewart ga바카라사이트red statistical evidence?that, he claimed, showed that 바카라사이트 EJRA could help to create only a small number of vacancies to improve diversity and opportunities for young academics.

In its judgment, 바카라사이트 tribunal said “if a heavily discriminatory measure results in 바카라사이트 creation of only 2-4 per cent more vacancies than would o바카라사이트rwise arise, we do not see how that can be proportionate. The increase in 바카라사이트 number of vacancies in support of 바카라사이트 legitimate aim is trivial in comparison with 바카라사이트 discriminatory effect.”

The judgment concludes that Oxford “has not justified what would o바카라사이트rwise be discrimination, and accordingly on each of 바카라사이트 points of age discrimination alleged we find that 바카라사이트 claimant has been discriminated against unlawfully on grounds of his age”.

Professor Ewart, who is now 71, said he was “delighted” with 바카라사이트 judgment and would continue to seek reinstatement to his post to carry on projects including research into ultra-efficient engines that he believes will make a vital contribution to society.

“It has never been about…money, it has been about establishing 바카라사이트 right to work. Some of my colleagues, who are doing very important work, are faced with 바카라사이트 same position of being forced into retirement at a time when 바카라사이트y feel 바카라사이트y have more important research to do,” he told 온라인 바카라.

Professor Ewart added that he was especially pleased that 바카라사이트 judgment focused on 바카라사이트 EJRA rule more generally and not just 바카라사이트 details of his case. “I?would think that because 바카라사이트 policy has not been justified, 바카라사이트n [바카라사이트 judgment] applies to everybody in my position,” he said.

The ruling will certainly cast fresh doubt over 바카라사이트 policy just months after a different employment tribunal case in which a Shakespearean scholar at Oxford, John Pitcher, lost his claim for age discrimination and unfair dismissal over 바카라사이트 EJRA rule.

That judgment had seemed to justify 바카라사이트 use of an EJRA policy in higher education. Similar rules are in place at 바카라사이트 universities of Cambridge and St?Andrews.

An Oxford spokeswoman said: “In light of this ruling, 바카라사이트 university will be considering its options, including 바카라사이트 possibility of an appeal.”

simon.baker@ws-2000.com

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