THURSDAY 28 APRIL 2016 • NO 5130 • VOL 146 Gazette Council and Main Musical and other Events: Faculty Boards: Committees 460 St Stephen's House Board of the Faculty of Classics Board of the Faculty of English Congregation 25 April: Exhibitions: Language and Literature Degree by Resolution St Stephen’s House Board of the Faculty of History Board of the Faculty of Linguistics, Congregation 26 April: Philology and Phonetics Declaration of Approval of Legislative Lectures 463 Board of the Faculty of Oriental Studies Proposal: Abbott Fund Board of the Faculty of Philosophy Examinations and Boards 465 Board of the Faculty of Theology and Council of the University: Religion Register of Congregation Examinations for the Degree of Doctor of Philosophy Advertisements 468 Congregation 460 Examinations for the Degree of Master of Notifications of Vacancies 470 Congregation 2 May: Science Degree by Resolution Changes to Examination Regulations: Colleges, Halls and Societies Congregation 3 May: Continuing Education Board Voting on Legislative Proposal: Statute Humanities Board Supplement to this issue: XII (Academic Staff and the Medical Sciences Board (1) to No 5130: Proposed amendments to Visitatorial Board), Statute XI Social Sciences Board Legislative Proposal: Statute XII 471–474 (University Discipline), Statute Due to time constraints, this supplement is not XIV (Employment of Academic and included in the printed edition of the Gazette. See note Elections 466 on p460. Support Staff by the University) and associated regulations Council Congregation 17 May: Committees reporting to Council: Good Governance of the University in Audit and Scrutiny Committee Relation to the Administration of the Curators of the University Libraries EJRA Scheme Nominations Committee Congregation 9 June: Other Committees and University Bodies: Elections Visitors of the Ashmolean Museum Committee for the Nomination of Notices 462 Select Preachers Committee for the Ruskin School of Consultative Notices: Art Proposals for Honorary Degrees to be Visitatorial Board Panel conferred at the Encaenia in 2017, and for Degrees by Diploma Divisional Boards: Humanities Board Appointments: Mathematical, Physical and Life Mathematical, Physical and Life Sciences Board Sciences Social Sciences Board For details of University events, see the ‘Events’ page of the Staff Gateway: www.ox.ac.uk/staff/event-listing 459 460 University of Oxford Gazette • 28 April 2016 Council Congregation Congregation 17 May ¶ Members of Congregation are reminded and Main that any two members may, not later than noon on Monday, 9 May, give notice in Committees writing to the Registrar that they intend to oppose or amend the resolution below (see the note on the conduct of business in Congregation below). If no such notice has been given, and unless Council has Congregation 25 April Congregation 2 May declared otherwise or the meeting has been adjourned, the resolution shall be carried Degree by Resolution Degree by Resolution and the meeting may be cancelled. The following text has been received from This content has been removed This content has been removed the signatories to the resolution as listed as it contains personal as it contains personal below: information protected under the information protected under ‘Good Governance of the University in Relation to the Administration of the Data Protection Act. the Data Protection Act. EJRA Scheme Preamble 1. Compliance with the highest standards of good governance is essential for the advancement of the common purposes of the University, and to the flourishing Congregation 26 April Congregation 3 May and well-being of all its members. While day-to-day governance is delegated to Declaration of Approval of Legislative Voting on Legislative Proposal: Statute the administration, Congregation, the Proposal: Abbott Fund XII (Academic Staff and the Visitatorial Sovereign Parliament of the University, has Board), Statute XI (University No notice of opposition having been given, the ultimate responsibility to ensure that Discipline), Statute XIV (Employment the Vice-Chancellor declared approved the the highest standards of good governance of Academic and Support Staff by the legislative proposal concerning the Abbott are met. University) and associated regulations Fund. 2. Congregation is asked to consider recent (For explanatory note and form of legislative developments concerning the scheme of Council of the University proposal, and the changes in regulations compulsory retirement, known as the EJRA to be made if the legislative proposal is (‘Employer Justified Retirement Age’) and Register of Congregation approved, see Supplement (2) to Gazette to determine whether the administration No 5127 published with the 24 March The Vice-Chancellor reports that the of this scheme meets the expected highest 2016 Gazette. The supplement is available following names have been added to the standards of good governance. online at www.ox.ac.uk/gazette/2015- Register of Congregation: 2016/24march2016-no5128/supplements/ 3. On 1st September 2014, the Appeal Court Carter, D R, Faculty of Clinical Medicine and can be downloaded and printed. If you of the University of Oxford, constituted by Gutierrez Santiago, J E, Faculty of are unable to access the website and require Dame Janet Smith, retired Judge of the High Computer Science a hard copy, please contact gazette@admin. Court and then Court of Appeal of England Sarisky, D, Faculty of Theology and ox.ac.uk.) and Wales, in an appeal Galligan v. University Religion of Oxford, brought by D. J. Galligan, Professor Receipt of amendments Smith, J A, IT Services of Socio-Legal Studies, against unfair Spain, A D, Lincoln Amendments to this legislative proposal dismissal on grounds of age, ruled1 have been received, but due to time Divisional and Faculty Boards Regarding the EJRA as a whole: constraints it has not been possible to print For changes in regulations for examinations them in the Gazette. They are published in • The EJRA as a scheme, including the see ‘Examinations and Boards’ below. a supplement to this issue of the Gazette, policy of imposing retirement at 67, which is available online at www.ox.ac.uk/ cannot be objectively justified [para 68]. gazette/ 2015-2016/28april2016-no5129/ • “The aims and objectives which could supplements. Hard copies of the justify any compulsory retiring age supplement will also be available at the (“refreshment” and succession planning) Congregation meeting on 3 May. have not been shown to be weighty” [para 68]. Arrangements for the meeting Arrangements for the Congregation meeting on 3 May will be published in 1D.J.Galligan “Goodbye to the EJRA”, Oxford Magazine, No. 355, Noughth Week, Hilary term 2015, p 4. Colleagues the supplement and on the Congregation wishing to see the complete judgement of the Appeal website at www.admin.ox.ac.uk/councilsec/ Court should contact the Registrar governance/congregation. University of Oxford Gazette • 28 April 2016 461 The Judge further ruled regarding the current • The University therefore violates a Capdeboscq, Yves, Queen’s, Math Institute procedure for extension beyond age 67: fundamental duty to act in accordance Cartwright, Joseph, St Peter’s, Earth Sciences with the rule of law; Charters, Erica, Wolfson, History • The procedure is “fundamentally • Since 2012, members of academic staff Chen, Gui-Qiang, Keble, Math Institute unacceptable as a means of deciding have been and are being forced to retire Chung, Minh, Bodleian Libraries whether someone should be dismissed”. on grounds that have not been shown Coates, Alan, Bodleian Libraries Rejection of an application under this to be objectively justified, as required by Cobb, John, Keble, Particle Physics procedure “could never amount to a law; Coleman, David, Social Policy and potentially fair reason for dismissal”: • The University is at risk of actions for Intervention [para 100]. unfair dismissal; Compton, Richard, St John’s, Chemistry • Requiring an established employee • The reputation of the University Cooper-Sarkar, Amanda, Physics “to demonstrate that he (or she) is for probity and high standards of Davies, Kay, Hertford indispensable or be dismissed is an governance may be at risk; Davies, Steve, Chemistry inevitably unfair dismissal”: [para 101]. • Substantial sums of money have been Davis, Ben, Pembroke, Chemistry spent and are likely to be spent by the Davy, Martin, Exeter, Engineering Science 4. The Judge ruled that the University University in future in defending the Deighton, Anne, Politics and International Appeal Court has jurisdiction to determine EJRA against legal challenges; Relations whether the EJRA was justified in • The University’s ability to recruit leading Dobson, Peter, Queen’s accordance with the Equality Act 2010. academics is jeopardized, due to its Ewart, Paul, Worcester, Physics Dame Janet further ruled that she had having more restrictive employment Fraser, Don, Worcester, Earth Sciences decided the appeal “…on issues of principle practices than competing universities. Ferguson, Stuart, St Edmund Hall, unrelated to the particular facts of the Biochemistry appellant’s case”: [para 101]. Resolution Flyvbjerg, Bent, St Anne’s, Saïd Business 5. Despite the Appeal Court’s ruling “… Congregation resolves: School on issues of principle unrelated to the Galligan, Denis, Wolfson (1) That the EJRA be suspended forthwith particular facts of the appellant’s case.”, the Galligan, Francesca, Bodleian Libraries pending the publication of the findings of judgement that