An Oxford University physics professor forced to quit before his 70th birthday has won a landmark age discrimination battle against the university.
An employment tribunal ruled that the physics professor, Paul Ewart was unfairly and discriminately dismissed on the grounds of age when his contract was not renewed in September 2017.
Notably, Oxford University current policy introduced in 2011 states that staff in senior grades must retire months before they turn 69.
Professor Paul Ewart, the university’s former head of atomic and laser physics, spoke afterward of his relief and delight at winning the case.
The physics professor from Northern Ireland explained he was delighted because other colleagues would not be made to retire in the middle of meaningful work.
He stated:
It has never been a matter of money, it’s a matter of allowing people the dignity of continuing employment and providing worthwhile work in their life.
He noted he would be re-employed by the university and work with bosses to avoid further age-related disputes.
Oxford reaction to the physics professor victory
Oxford University is reportedly considering the options of an appeal of the case.
The legal victory will put pressure on the university to overturn its controversial policy that allows them to dismiss academics at the age of 69.
The university introduced the Employer Justified Retirement Age policy (EJRA) in 2011 in a bid to bring younger and more diverse staff into posts. In 2017 it changed the age from 67 to 69.
The physics professor gave the tribunal statistical evidence revealing that the policy could only help create a small number of vacancies.
In its judgment, the tribunal reading stated that the EJRA was highly discriminatory, and it was hard to think of a more severe discriminatory impact. The tribunal also said the university had failed to justify its policy.
Discriminating against anyone at work because of protected characteristics, such as age, is illegal under the Equality Act 2010.
Others who challenged the discriminating policy
The Oxford physics professor was the second staff to challenge the university’s retirement policy.
Professor John Pitcher, who taught English at St John’s College in Oxford, claimed that the university’s EJRA policy amounted to age discrimination, but he lost the case.
Pitcher, a leading Shakespeare scholar and fellow at St John’s College at Oxford sued the College and university for age discrimination and unfair dismissal, claiming loss of earnings of £100,000.
Judge Bedeau dismissed both claims.
He said the case exemplifies the “much-vexed question” for employers of how to create opportunities “for the advancement of those in its workforce from different backgrounds to achieve their full potential” while at the same balancing the needs and interests of those in senior positions who desire to remain employed.
