Pitcher v University of Oxford and University of Oxford v Ewart
Keywords: Retirement, age discrimination
Summary
The Employment Appeals Tribunal held that a compulsory retirement age can be lawful, in limited circumstances.
In these two cases, separate from each other but linked by the effects of the same policy, the employer argued that a compulsory retirement age of 68 was a proportionate means of achieving a legitimate aim.
The Law
The Equality Act 2010 prohibits discrimination on the grounds of age under ss.(5) and (13), unless it is a proportionate means of achieving a legitimate aim (s.13 (2)).