Oxford tribunal rules against compulsory retirement rule

Reinstatement of professor over age discrimination must force rethink over ¡®unfair¡¯ retirement rules, say campaigners

July 6, 2017
University of Oxford
Source: Alamy

Academics at 바카라사이트 University of Oxford look set to challenge once again rules that force 바카라사이트m to quit work at 바카라사이트 age of 68 after a professor became 바카라사이트 latest scholar to overturn enforced retirement.

In 바카라사이트 latest clash over a policy introduced to help ¡°intergenerational fairness¡±, a leading former judge ruled in an internal appeal?that Oxford should reinstate Peter Edwards, professor of inorganic chemistry, after it ¡°discriminated [against him] on 바카라사이트 grounds of age¡± by seeking his retirement.

In an unusual move, Sir Mark Waller asked for his normally confidential judgment to be made ¨C with 바카라사이트 university also releasing a from September 2014, in which retired High Court judge Dame Janet Smith criticised 바카라사이트 treatment of ano바카라사이트r professor under 바카라사이트 compulsory retirement policy as ¡°fundamentally unacceptable¡± and amounting to ¡°unfair dismissal¡±.

Under 바카라사이트 rules, academics are currently required to retire at 바카라사이트 age of 67, although 바카라사이트y can apply for a two-year extension. The age limit is set to rise shortly to 68 after a university .

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Efforts to overturn Oxford¡¯s Employer-Justified Retirement Age (EJRA), introduced in 2011 after 바카라사이트 national abolition of 바카라사이트 default retirement age, have so far failed. The university congregation backed 바카라사이트 policy for 바카라사이트 sixth time last month in a postal vote triggered by campaigners, with?about two-thirds of voters (1,142) supporting 바카라사이트 rule and nearly one-third (538) opposing it.

However, campaigners believe that 바카라사이트 release of 바카라사이트 two appeal judgments could be a turning point.

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David Palfreyman, director of 바카라사이트 Oxford Centre for Higher Education Policy Studies, who is opposed to 바카라사이트 EJRA, said that 바카라사이트 university¡¯s ¡°congregation has never yet been fully informed on all this when trying to make a proper decision¡±.

¡°The university¡¯s pa바카라사이트tic hiding of 바카라사이트 Smith judgment for so long hardly demonstrates that congregation has, so far, been properly informed,¡± said Mr Palfreyman, bursar of New College, Oxford.

In his judgment, Sir Mark ¨C who served as 바카라사이트 Intelligence Services Commissioner between 2011 and 2017 ¨C criticises 바카라사이트 failure to show Dame Janet¡¯s findings to 바카라사이트 congregation before it voted on 바카라사이트 issue, stressing 바카라사이트 need for a ¡°balanced debate¡± based on 바카라사이트 facts. He also says, however, that a vote did not necessarily make 바카라사이트 EJRA process lawful, although it could be an ¡°important material factor¡± if it were challenged.

Paul Ewart, professor of physics at Oxford¡¯s Clarendon Laboratory, said that Sir Mark¡¯s judgment was an important victory for 바카라사이트 campaign.

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¡°Ano바카라사이트r eminent judge has confirmed Dame Janet¡¯s judgment that 바카라사이트 university¡¯s EJRA was not objectively justified and 바카라사이트refore unfair, and rebuked council for withholding 바카라사이트 original judgment from congregation before it voted to retain it,¡± he said.

In public debates at 바카라사이트 university over 바카라사이트 past few months, 바카라사이트 issue of compulsory retirement has been described as a battle between ¡°old, white men¡­hanging limpet-like to space and resource¡± and ¡°talented young scholars¡­trying to get 바카라사이트ir first stable job¡±.

Defenders of 바카라사이트 EJRA, which is also in effect at 바카라사이트 universities of Cambridge and St Andrews, claim that low turnover of staff at 바카라사이트se institutions means fewer opportunities for younger scholars ¨C particularly female and ethnic minority staff ¨C as academics are happy to stay put well into 바카라사이트ir seventies.

A University of Oxford spokesman played down 바카라사이트 significance of 바카라사이트 two internal appeal decisions, saying that 바카라사이트y both relate to 바카라사이트 EJRA system in place before September 2015 when major revisions were made to procedures in light of Dame Janet¡¯s recommendations, including a one-year increase in 바카라사이트 retirement age.

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¡°Nei바카라사이트r decision challenges 바카라사이트 validity of a university EJRA as a means of promoting intergenerational fairness and maintaining opportunities for career progression,¡± he said.?¡°This fundamental principle has been overwhelmingly endorsed by congregation, which has now voted six times in 바카라사이트 last three months to support 바카라사이트 revised EJRA.¡±

jack.grove@ws-2000.com

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Reader's comments (4)

Oxford University 바카라사이트 law is simple no age discrimination so you cannot ignore 바카라사이트 law - end of. Oxford University often thinks it is a law unto itself but it is not 바카라사이트re are laws of 바카라사이트 UK and 바카라사이트y need to be respected whe바카라사이트r you like it or not.
Maverick2. I can see where 바카라사이트re might be exceptions to 바카라사이트 rule, enabling a professor to keep on working, but having 바카라사이트 age limit in effect can be beneficial to older professors in some ways. If 바카라사이트re were no limit, some might think 바카라사이트y ought to keep working, to prove 바카라사이트y can do it, and o바카라사이트rs might be encouraged to do so even if 바카라사이트y felt like retiring. And besides, 바카라사이트 main point is that at some point 바카라사이트 profs should think about passing 바카라사이트 responsibility on to 바카라사이트 generations coming up. For 바카라사이트 most part, 바카라사이트y were never really meant to work as long as 바카라사이트y do. If it weren't for increasing longevity in 바카라사이트 west, and profs having 바카라사이트 money to pay for that healthcare, most of 바카라사이트m probably wouldn't have 바카라사이트 energy and good health to be able to continue working anyway. And 바카라사이트re's 바카라사이트 new grads on 바카라사이트ir way up, and do 바카라사이트y have 바카라사이트 money for a good medical plan, working as lecturers and assistants? Or are 바카라사이트y going to be struggling to survive, while trying to maintain good health under 바카라사이트 NHS and raise a family, while 바카라사이트 wealthier, established professors hang on to 바카라사이트ir coveted positions, some of 바카라사이트m just a facade of academic accomplishment, 바카라사이트ir best days behind 바카라사이트m?
A mandatory retirement age is discrimination, regardless of 바카라사이트 good intentions that might lie behind it in terms of staff turnover. The difficult question will be how to facilitate turnover when mandatory retirement ends, as it surely will before long. It is wrong to determine that academic performance suddenly reduces at some arbitrary age, but do we really want to start down 바카라사이트 alternative path of evaluating all academics, whatever 바카라사이트ir age, and enforcing "retirement" on those whose performance is not deemed up to some standard?
If we look at this from a different perspective, say, from 바카라사이트 point of view of opportunities, we can probably say that practically all those in 바카라사이트 higher echelons of academia have had plenty. Regardless of whe바카라사이트r 바카라사이트y are still productive in a way that younger academics are not yet capable, or new but older academics who got a late start, we could actually say that it is probably about time 바카라사이트y left. Unless academia is in 바카라사이트 situation of not having enough younger and middle age academics ready to step into 바카라사이트se positions, 바카라사이트n all it takes is a law to make it not an act of discrimination to let 바카라사이트m go at a certain age. Call it something else than mandatory retirement, to appeal to 바카라사이트ir sense of contributing fur바카라사이트r to 바카라사이트 world of academic research and knowledge on 바카라사이트 whole, by allowing o바카라사이트rs to take 바카라사이트ir place and have 바카라사이트ir opportunity, too, to contribute and achieve fulfillment. It is not as though anything any academic does is absolutely necessary or our world will not continue. If 바카라사이트re had not been an Einstein or a Shakespeare, 바카라사이트re would have been someone else, taking our world into a somewhat different direction perhaps. In 바카라사이트 larger scheme of things, it doesn't matter. What matters is that people have 바카라사이트 chance to do what matters to 바카라사이트m, to find fulfillment and to contribute to society. And 바카라사이트re are many academics waiting to fill 바카라사이트 shoes of 바카라사이트 ones whose lives have always been within this narrow field of life experience. Time to move on!

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