Oxford must rehire prof forced out of his job at 70
OXFORD University has been told to rehire an academic forced out of his job before his 70th birthday and pay him £30,000 in compensation.
The order came after Professor Paul Ewart won a landmark legal fight claiming age discrimination against the university where he had worked for 38 years.
He had been head of atomic and laser physics and wanted to return to his post despite planning to carry on working for another year.
The university had refused but a tribunal has now ruled he must be reinstated and paid damages.
However, Prof Ewart failed to persuade employment judge Laurence Anstis to order the abolition of the policy which led to the loss of his job – known as Employer Justified Retirement Age.
Oxford introduced the rule in 2011 forcing senior staff to retire the September before they turn 69, aiming to encourage the recruitment of younger and more diverse staff.
The don, a fellow and tutor at Worcester College, was based at Oxford’s Clarendon Laboratory.
But when his contract with the physics department was not renewed in 2017, he sued for age discrimination and unfair dismissal. In a judgment last December, the tribunal in Reading ruled in his favour, saying the EJRA policy had a ‘highly discriminatory effect’ on older employees.
At the time the academic said the case was not about money but ‘about establishing the right to work’.
He added: ‘Some of my colleagues are faced with being forced into retirement when they feel they have more important research to do.’
Oxford appealed, arguing that giving the don his job back was problematic but was told to reinstate him after a hearing last month.
The tribunal was told Prof Ewart wished to be in a paid role only until September 2021 and then move to an unpaid emeritus position.
He told the judge a grant had been awarded for proposed work with colleagues on a project in Oxford and Cambridge, including a £24,000 consultancy fee which would help cover the cost of returning to his post.
The professor’s payout was made up of £22,500 for injury to feelings and £7,100 in interest.
‘About establishing the right to work’