Oxford university don forced to retire to get job back

Prof Paul Ewart said the dispute had "never been a matter of money"

The University of Oxford has been ordered to re-employ a professor who it forced to retire at 69 years old.

Physicist Paul Ewart was discriminated against on the grounds of age when his contract was not renewed in 2017, an employment tribunal ruled last year.

A remedy judgement said Prof Ewart should be reinstated as a senior researcher.

The university, which was ordered to pay him almost £30,000 in compensation, said it would appeal the decision.

After the initial ruling, the professor, who is originally from Northern Ireland, told the BBC he was delighted "especially for colleagues about to be made to retire in the middle of important work".

He said: "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."

The university introduced the Employer Justified Retirement Age policy in 2011

The judgement states Prof Ewart had planned to work until September 2021 and that there had been no criticism of his "abilities, academic credentials or relationships with colleagues".

"He also pointed to the respondent's willingness to retain his services and involvement with them on an emeritus (i.e. unpaid) basis," it said.

However, the university was quoted as saying there was "no research team for him to lead".

"He used to have direct supervision of students, but that was now not going to happen. He had other responsibilities which could not now apply on any reinstatement," the university said.

It was "not obliged to create a non-existent role", it said, and the work he said he would do "was very vague".

But the tribunal found that Prof Ewart would still be able to "act in the role with his former distinction" even if the work was not the same.

It said the institution should pay him £22,500 in compensation with an additional £7,110 interest.

The university introduced the Employer Justified Retirement Age (EJRA) policy in 2011 in a bid to bring in younger and more diverse staff.

In a statement it said it "does not accept the more recent tribunal's ruling and will be appealing against it".

"The EJRA policy remains in place and will continue to be applied as normal," it added.