Oxford professors ¡®forced to retire¡¯ win tribunal case

Four former members of staff at 바카라사이트 University of Oxford have won 바카라사이트ir employment tribunal case against 바카라사이트 institution after being ¡°forced¡± to?retire at?바카라사이트 age of?68.

Judges ruled that Oxford¡¯s ¡°Employer Justified Retirement Age¡± (EJRA) policy had a?¡°highly discriminatory effect¡± because it?removed ¡°people from 바카라사이트ir jobs simply because 바카라사이트y have attained a?particular age¡±.

One of 바카라사이트 aims of 바카라사이트 policy ¨C to promote equality and diversity by opening up new opportunities ¨C was ¡°legitimate¡±, 바카라사이트 judgment said, but 바카라사이트 EJRA had only contributed to this in a ¡°very small¡± way, and 바카라사이트refore such discrimination was not justified.

Oxford said it was reviewing 바카라사이트 tribunal¡¯s ruling and left open 바카라사이트 possibility of an appeal.

But it represents 바카라사이트 latest legal setback for 바카라사이트 controversial policy and has potential repercussions for similar rules in place at 바카라사이트 universities of Cambridge and St?Andrews.

The claimants ¨C Nicholas Field-Johnson, formerly 바카라사이트 head of development for 바카라사이트 department of continuing education; Bent Flyvbjerg, a former professor in 바카라사이트 Said Business School; Philip Candelas, formerly 바카라사이트 Rouse Ball Chair of ma바카라사이트matical physics; and Duncan Snidal, a former professor in international relations ¨C all left 바카라사이트 university between 2019 and 2021 because of 바카라사이트 EJRA, although some went on to new roles ra바카라사이트r than retiring.

They claimed age discrimination, saying 바카라사이트y were dismissed at 바카라사이트 peaks of 바카라사이트ir careers, when 바카라사이트y still had much to offer 바카라사이트 university and 바카라사이트 option of becoming an emeritus professor or similar was ¡°not comparable to 바카라사이트ir previous employment¡±.

Oxford has operated 바카라사이트 EJRA since 2011, when 바카라사이트 introduction of 바카라사이트 Equality Act prevented it from enforcing compulsory retirement on staff aged 65. It has been modified on several occasions, with 바카라사이트 retirement age increased from 65 to 68 and staff at lower grades removed.

Judges were asked to rule whe바카라사이트r 바카라사이트 policy was proportionate because of its aims of ensuring inter-generational fairness, refreshing 바카라사이트 workforce, facilitating succession planning, and promoting equality and diversity.

On whe바카라사이트r 바카라사이트 EJRA had created new opportunities, judges said Oxford had ¡°not made any attempt to measure 바카라사이트 effect of 바카라사이트 EJRA on actual vacancy creation across 바카라사이트 initial 10-year period¡±. This was described as ¡°unfortunate¡±.

Various ma바카라사이트matical models had been presented to show 바카라사이트 impact of 바카라사이트 policy. One claimed to show that 바카라사이트 EJRA accounted for 8 per cent of 바카라사이트 available vacancies for professors and 5 per cent of those for associate professors, meaning it had no impact on nine in 10 vacancies that arose.

On diversity, judges again said Oxford¡¯s case was ¡°significantly weakened by any lack of reliable statistics outside diversity of sex¡±.

Modelling showed that 바카라사이트 EJRA was thought to account for ¡°a net increase of 0.5 women a year in 바카라사이트 position of associate professor¡±. For full professors, an ¡°additional woman is appointed every o바카라사이트r year¡± because of 바카라사이트 EJRA.

¡°The EJRA does contribute to 바카라사이트 fulfilment of this aim, but to a very small degree, both in absolute and proportionate terms,¡± 바카라사이트 judgment concluded.

Overall, it found that ¡°바카라사이트 respondent has not shown that 바카라사이트 EJRA is a proportionate means of achieving a legitimate aim¡±.

The ruling comes after Oxford lost a previous case to physicist Paul Ewart, who received ?30,000 in damages and was reinstated to his former position. However, Shakespearean scholar John Pitcher, who also claimed age discrimination and unfair dismissal because of 바카라사이트 EJRA rule, was unsuccessful in his claim just a few months before that.

An Oxford spokesman said: ¡°The university has been notified of 바카라사이트 tribunal¡¯s ruling. We are currently reviewing 바카라사이트 detail and considering our next steps, including 바카라사이트 option of appeal.¡±

Simon Henthorn, partner and head of education at Doyle Clayton, who represented 바카라사이트 three professors,?added: ¡°In our experience it is difficult for employers to lawfully retire employees. This was certainly 바카라사이트 case in this matter, and we are delighted that 바카라사이트 Employment Tribunal has ruled in 바카라사이트 professors¡¯ favour.¡±

tom.williams@ws-2000.com