EJRA Review ew Worki rking ng Group EJRA Review Open meetings: gathering feedback October / November 2016
EJRA Review ew Worki rking ng Group Op Open n meetin ings gs • Professor Irene Tracey (Review Committee Chair), and members of the Review Group • One-hour session: 15 minutes of input and 45 minutes of feedback, questions and comment • Presentation will be put on EJRA website at: www.ox.ac.uk/ejrareview • Please provide written feedback to: ejra.review@admin.ox.ac.uk
EJRA Review ew Worki rking ng Group Wh What is is the he EJRA? • The Employer-Justified Retirement Age, or EJRA, is a retirement age of 30 September before the 68 th birthday that is specific to employees at Oxford • It applies to academic and academic-related staff ie those in grade 6 and above • Those who wish to work beyond 67 can apply for an extension, which will be granted only if they meet certain criteria; any decision not to grant an extension can be appealed • The EJRA does NOT relate to pension age
EJRA Review ew Worki rking ng Group Hi Hist stor ory y of the he EJRA A at Ox Oxfor ord • Introduced in October 2011, after abolition of default retirement age, following two consultations with Congregation and discussion with the UCU – put in place for ten years, with a review after five • Scheme reviewed and changed in 2015 to take account of comments by the University Appeal Court in 2014: • Clarified Aims • Reordered and revised criteria for considering applications for extensions • Revised procedures for the submission and consideration of applications for extensions
EJRA Review ew Worki rking ng Group The he le legal al po position ition of the he EJRA • Age discrimination legislation is different from other equality provisions in that direct age discrimination (eg the maintenance of a retirement age) can be justified if it is a proportionate means of achieving a legitimate aim. • The EJRA is a proportionate means of achieving the Aims set out in the EJRA policy.
EJRA Review ew Worki rking ng Group Wh What are the he Ai Aims of the he EJRA? The EJRA is considered to be an appropriate and necessary means of creating vacancies to meet the Aims, which are: • safeguarding high standards in teaching, research and professional services; • promoting inter-generational fairness and maintaining opportunities for career progression; • refreshing the academic, research and other professional workforce; • facilitating succession planning by maintaining predictable retirement dates; • promoting equality and diversity; • facilitating flexibility in the academic-related workforce; and, minimising the impact on staff morale by using retirement to manage any • future financial cuts or constraints by retiring staff at the EJRA.
EJRA Review ew Worki rking ng Group Review Committee’s terms of reference The working party has been tasked with considering the following, at the point when the EJRA has been in operation for five years: • the extent to which the EJRA is meeting the Aims identified when the policy was established, and thus can be justified in law; • whether the EJRA is appropriately set at the 30 September before an individual’s 68th birthday; and • whether the policy is applied to the right staff groups. The group will take account of: • internal data, including diversity data; • information about other higher education institutions in the UK and abroad; • legal advice; and • the views of stakeholders from across the University, including recent retirees.
EJRA Review ew Worki rking ng Group Data summary: exceptions process In the last three complete years, 2012-15: • 264 people have retired from the University’s employment, and • 152 have applied for extended employment of which • 138 (91%) have been accepted, in whole or in part (nb revised procedures apply from 1 October 2015) • c. 30% from each of MSD and SSD, c. 20% from each of Humanities and MPLS – very few from GLAM or UAS • c.23% from women
EJRA Review ew Worki rking ng Group Data summary: creation of vacancies In the last three complete years, 2012-15, the % of posts vacated that were vacated by retirement was: • 56% for statutory professors • 50% for associate professors • 41% for RSIVs (the most senior research grade) • 1.7% for academic and research staff in grades 6-10 • 12.1% for administrative and professional staff
EJRA Review ew Worki rking ng Group Comments? Questions? Don’t forget that you can also send your comments and feedback to: ejra.review@admin.ox.ac.uk
EJRA Review ew Worki rking ng Group The slides that follow were not used in the main presentation but to assist in responding to specific questions.
EJRA Review ew Worki rking ng Group Relevant levant UK le legislation islation The main pieces of UK legislation governing retirement are: • The Employment Rights Act 1996 • The Equality Act 2010 • The Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011.
EJRA Review ew Worki rking ng Group Cri riteria eria for r extensions nsions It is expected that: • any applicant who occupies an academic post or other permanent post will vacate that post and move to a fixed-term contract on an appropriate grade; and • the applicant will identify all possible means of supporting their salary and other costs. In all but very rare cases, applications will only be approved where grant or other funding covers the employment costs. This is to ensure that there is no financial detriment to the University and no impediment to the refilling of the post.
EJRA Review ew Worki rking ng Group Cri riteria eria for r extensions nsions The EJRA Committee considers the following: Is there a need to complete a specific project or duties, or to • gain the benefit of tasks already completed, which are of strategic importance and could not be completed by anyone else, on a non-employed basis, or on a shorter contract? • Will the proposed extension result in the creation of career development opportunities for others? • Is there a demonstrable need that arises in connection with a specific event or circumstance and that could only be met by retaining this particular employee in employment? • Are there stakeholder views eg from a college or the NHS, or any special personal circumstances, to be taken into account?
EJRA Review ew Worki rking ng Group Wh Who els lse ha has an E n EJRA? • Universities: • Cambridge: EJRA of 67 since 2012 • St Andrews • Many European HEIs (eg in France, Germany, Italy) • The Ministry of Justice operates an EJRA of 70 for judges • Some law firms operate an EJRA of 60 or 65
EJRA Review ew Worki rking ng Group Wh Who is is on th n the Work rkin ing g Gr Group? up? • Professor Irene Tracey, Medical Sciences Division (chair) • Professor Sandra Fredman, Social Sciences Division • Professor Gideon Henderson, MPLS Division • Professor Lyndal Roper, Humanities Division • Mr Richard Ovenden, GLAM • Dr Ali Rogers, Conference of Colleges Senior Tutors’ Committee • Professor Jeremias Prassl, Conference of Colleges Legal Panel • Dr Rebecca Surender, PVC and Advocate for Diversity • Dr Saira Shaikh, Divisional Secretary, MPLS Division • Four members of Council elected by Congregation: Dr Kate Blackmon, Professor Helen McShane, Professor Lionel Tarassenko, Dr Ian Watson
EJRA Review ew Worki rking ng Group Detail il for r 20 2014 14-15 15 In 2014/15, of the 49 applicants: • 44 (90%) were successful – 8 of those (18%) in part only • 13 (27%) were from women • 18 (37%) held academic posts, 26 (53%) held research posts, and 5 (10%) held other academic-related posts • 14 (32%) applied to move into part-time posts • 7 (16%) of the 18 academics applied to vacate their substantive posts and move to specially created, fixed-term posts • The length of extensions varied from 3 to 60 months (most in the range 12-24 months).
EJRA Review ew Worki rking ng Group Propo portion tion of app pplic lications ations by by div ivisi ision on In 2012-15, the proportion of applications by division is (proportion of total staff subject to the EJRA in brackets) • Medical Sciences Division – 30% (40%) • MPLS – 17% (19%) • Social Sciences Division – 29% (12%) • Humanities – 20% (7%) • GLAM – 2% (9%) • UAS – 3% (13%)
EJRA Review ew Worki rking ng Group Propo portion tion of app pplic lications ations by by role le type pe Of the 49 applicants in 2014-15: • 9 (18%) held chairs (statutory professors comprise 2.5% of the relevant population) • 9 (18%) held other academic posts (compared to 15% of the relevant population) • 26 (53%) held research posts (compared to 51% of the relevant population) • 5 (10%) held other academic-related posts (compared to 31% of the relevant population)
EJRA Review ew Worki rking ng Group Data: exceptions process Sought Retired at Sought Sought Total sought Total retired at extension at 65-67 extension in further extension any age (incl. 65-67 advance ie extension ie (no. and % those who before they after age 67 successful) applied were 65 unsuccessfully for extension) 2012-13 16 44 7 32 55 (49 – 89%) 81 2013-14 22 33 7 19 48 (45 – 94%) 89 2014-15 35 53 7 7 49 (44 – 90%) 94 Total 73 130 21 58 152 (138 – 264 (91%)
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