Oxford don ‘told to go to improve diversity’
Professor claims university age discrimination after he was let go at 67 to promote ‘intergenerational fairness’
An Oxford University professor was told he must retire to promote “diversity and intergenerational fairness” before he launched legal action against his former bosses, a tribunal heard. Prof John Pitcher wanted to carry on working as an English tutor and official fellow, but was told he would have to step down at 67 years of age. A specialist in Shakespeare and Jacobean literature, he had worked at St John’s College for more than 36 years.
AN OXFORD University professor was told he must retire to promote “diversity and intergenerational fairness” before he launched legal action against his former bosses, a tribunal heard.
Prof John Pitcher wanted to carry on working as an English tutor and official fellow, but was told he would have to step down at 67 years of age.
In December 2012 his retirement date was set for Sept 30 2016, but Prof Pitcher was then made a Founder’s Fellow on a fixed term from 2014 to 2020.
A specialist in Shakespeare, Elizabethan and Jacobean literature and poetry, he had worked at St John’s College for more than 36 years.
Prof Pitcher, now 69, claims he was “forcibly retired” in 2016 after the university and college applied a Employment Justified Retirement Age (EJRA) policy. EJRAS were introduced after the default retirement age was scrapped by the government in 2010.
The college said the retirement was to “safeguard the high standards” of the university as well as for “inter-generational fairness” and to “refresh the workforce”. “Succession planning” and “diversity” were also used to justify the move, an employment tribunal heard.
A university panel met on Jan 26 2016, and Prof Pitcher was written to two months later telling him his employment would not be extended to September 2020. He appealed in March 2016, but that was rejected and a formal grievance was lodged.
Prof Denis Galligan, one of his col- leagues, successfully challenged the EJRA principle at the appeal court, in which the university panel was heavily criticised.
Now Prof Pitcher is suing the college and university for unfair dismissal on the grounds of age discrimination.
In documents submitted to Watford Employment Tribunal, he said that the university knew its actions were discriminatory, but carried on because it was
“legally justified”.
Prof Pitcher said: “I believe that decision was discriminatory because of age and was not justified and was also unfair. I believe that as a result of the change of the law, compulsory retirement was removed as a potentially fair reason for dismissal.” During part of the 2011-12 academic year, Prof Pitcher suffered a subdural haematoma and was off sick. He claimed the university appointed another tutor to take over his teaching duties on a fiveyear contract before he was dismissed.
No other Russell Group university, except Cambridge, has retained a retirement age, his witness statement said. Prof Pitcher added: “None of these other institutions have reduced their standards by not forcibly retiring staff. There is no evidence to support the need to ‘refresh’ the academic workforce in terms of turnover.”
Prof Pitcher claims he was “let go” despite raising more than £1 million in donations for the college.
The tribunal continues.