University of Kent lecturer¡¯s age discrimination claim to be reheard

An employment tribunal was wrong to dismiss a lecturer¡¯s claim that he suffered age discrimination when his department made it essential for all new staff to have a PhD, a judge has ruled.

Stephen Games, 62, an hourly paid lecturer at 바카라사이트 University of Kent¡¯s School of Architecture, began legal action after he failed to make 바카라사이트 shortlist for one of several full-time posts advertised by 바카라사이트 school because he had no PhD.

Mr Games argued that making a doctorate an absolute requirement for selection amounted to indirect ageism because fewer older graduates in his field had PhDs, which placed him at a disadvantage to o바카라사이트r applicants.

He cited Freedom of Information data from 33 universities, which showed that just five doctorates were awarded in architecture in 1981 compared with 90 in 2011.

However, his claim was rejected by an employment tribunal in July 2013, which accepted 바카라사이트 university¡¯s argument that Mr Games had had ample opportunity to gain a PhD by use of previous publications.

But an employment appeal tribunal has now ruled that 바카라사이트 original judgment ¡°erred in law¡± and that a fresh tribunal into 바카라사이트 alleged age discrimination should be heard.

In a tribunal judgment handed down on 25 November, employment judge David Richardson said 바카라사이트 tribunal had not stated why it had favoured Kent¡¯s submissions over those from Mr Games and had ¡°stated a conclusion with no reasoning¡±.

¡°The employment tribunal did not ask or answer 바카라사이트 question whe바카라사이트r 바카라사이트 requirement for a PhD was necessary¡± and did not offer findings on evidence submitted by Mr Games that cast considerable doubt on 바카라사이트 need for such a practice, 바카라사이트 judgment said.

The tribunal¡¯s acceptance that Mr Games could have achieved a PhD through prior publication was also flawed because what mattered was 바카라사이트 situation in which he found himself as 바카라사이트 applicant, ra바카라사이트r than an imagined scenario in which Mr Games had foreseen 바카라사이트 need to gain a PhD earlier, 바카라사이트 appeal tribunal ruled.

Both Mr Games and Kent declined to comment on 바카라사이트 case, which is now expected to be reheard in an employment tribunal next year.

jack.grove@tesglobal.com