Nationwide Employment Lawyers
Legal enquiries and clients : 0333 242 3851
Get in Touch
Service Rating: Damian McCarthy 5 starts - Service Rate
  • About Us
    • Contact
    • Howell John
    • Damian McCarthy
    • Simon Armstrong
    • Case Studies
    • Employment Law News
  • Employee Services
    • Questionnaire
    • Contact
    • Locations
    • Dismissal
    • Whistleblowing Law
    • Discrimination
      • Sex discrimination
        • Maternity rights in employment
        • Pregnancy or maternity discrimination
        • Returning to work and flexible working
        • Health and safety for pregnant women in the workplace
        • Sexual Harassment
      • Disability discrimination
      • Race discrimination
    • Equal Pay
    • Bullying and Harassment
    • Family Friendly Rights
    • Disciplinary and grievance hearings
    • Contracts
    • Transfer of Undertakings
    • Agency workers and part time workers
    • Privacy at work
    • Constructive dismissal
    • Resignation letter templates
      • Constructive dismissal letter template
      • Standard notice resignation letter template:
      • Short or long notice request template
    • Health and Safety at Work
  • Locations
    • London – Berkeley Square
    • London – Canary Wharf
    • London – Croydon
    • London – Hammersmith
    • London – High Holborn
    • London – King’s Cross
    • London – Liverpool Street
    • London – London Bridge
    • London – Richmond
  • Case Studies
    • A v PWC
    • P v S (confidential)
    • Moira Stuart quits, reigniting BBC ageism row
    • Married HBOS bank manager propositioned by colleagues
  • News
  • FAQ
  • Contact



We know how stressful and time-consuming it can be dealing with an employment law issue or an Employment Tribunal claim, so let us help you by shouldering the burden.

Oxford Professor Forced to Retire at 69 Wins Age Discrimination Claim

In a recent case, an Employment Tribunal has ruled that an Oxford University professor forced to retire before his 70th birthday was unfairly dismissed and discriminated against. The Reading Employment Tribunal found Oxford University acted unlawfully by dismissing Professor Paul Ewart, who was head of atomic and laser physics at Oxford’s Clarendon Laboratory, because of his age.

 

What is discrimination? 

 

There are two types of discrimination, both of which are forbidden under The Equality Act 2010. This act provides protection for every section of UK employment, including recruitment, training, promotion/lack of promotion, dismissal, differences in employee pay, and unfavourable treatment in the workplace. 

 

The most common type of discrimination, which is often the most noticeable, is direct discrimination. Whereas indirect discrimination is often more discrete, still being a very present issue but is more difficult to recognise. 

 

No minimum length of service is required when making a claim on the grounds of age discrimination, and no limit exists for the amount of compensation that can be awarded. By law, any employee making an age discrimination claim is able to access information directly from their employer in order to assist their case – such as the one we discussed below. 

 

The case

 

The claimant had been working at the university for 38 years before his dismissal, being granted permission to work for another two years until he was 69, and was expecting a further extension until 2020 to complete his research on climate change. However, the university rejected his application to work in February 2017, when he was forced to retire under the EJRA scheme at the beginning of his research project.  

 

During the Employment Tribunal, Paul Ewart stated that Oxford’s EJRA scheme was discriminatory in forcing older workers to retire, producing evidence to prove his point correct. However, the university insisted that the Employment-Justified Retirement Age policy is there to improve diversity and career progression for younger academics.

 

Based on the case, the Employment Tribunal found the university’s policy, which was intended to foster “intergenerational fairness”, had only created a “trivial” number of new opportunities for younger academics, forcing older staff to retire. 

 

Earlier last year, another Oxford professor lost a similar claim against the university after he was made to retire at 67. 

 

About Nationwide Employment Lawyers

 

Our entire firm wants the best for our clients, which is why we will never settle any discrimination claims because it’s in our best interest. We completely understand exactly what needs to happen during a case, and our wealth of expertise allows us to focus on the central parts of a claim to save time and costs. We always proudly deliver the very best results for clients, even in some of the most difficult circumstances.

If you are interested in working with Nationwide Employment Lawyers for your case, please feel free to visit our website. On the other hand, you can also telephone us on 020 8263 6080 to have a conversation with our staff. You can also complete the contact form on our website where someone will get back to you as soon as possible, and we can put together a solution to best meet your needs.

Meet a few of our team

  • Howell John: Honesty, fairness and outstanding level of service...
  • Damian McCarthy: Getting to the heart of a case...
  • Dawn Martin: Understanding the needs of our clients...
  • Swetang Joshi: I’m with the client every step of the way...
  • Catherine Washbrooke: Straight talking is key to success...
  • Norma Palmer: Ensuring lawyers can concentrate on our clients...

Contact Us

  • We will be able to help you quickly if you leave us a contact phone number. We keep this strictly confidential.
  • This field is for validation purposes and should be left unchanged.

Contact Us

  • We will be able to help you quickly if you leave us a contact phone number. We keep this strictly confidential.
  • This field is for validation purposes and should be left unchanged.

Quick Links

Navigation

About Us
Employee Services
Locations
Case Studies
News
FAQs
Contact

Terms

Privacy statement
Terms

Copyright Notice | Disclaimer | Website Terms & Conditions | Privacy Statement
ACAS | EHRC
Nationwide Employment Lawyers Ltd is Authorised and Regulated by the Financial Conduct Authority. For peace of mind you can find information about our authorisation by checking the Registration number 838365 on the Financial Services Register : register.fca.org.uk. Please note all telephone calls are recorded, as required by the regulator. Nationwide Employment Lawyers Ltd is not a firm of solicitors. Instead we offer an exceptional level of service using specialist employment law Solicitors, Barristers and a Senior Advocate.
Please contact us using either the questionnaire, quick contact form (above) or telephoning us on 0333 242 3851.