Oxford University academics win employee status legal challenge in Law for Change backed challenge

Oxford University tutors, Rebecca Abrams and Alice Jolly won their claim for employee status at an Employment Tribunal hearing. The challenge was funded by Law for Change.

Our mission at Law for Change is to back legal actions that have a clear social benefit. The continuing erosion of lecturers’ employment rights in higher education institutions is an area the fund is particularly concerned about.

That’s why we backed Alice and Rebecca’s case against one of (if not the) most prestigious higher education institutions in the world - Oxford University.

Rebecca and Alice, who have taught on the Masters in Creative Writing at the Department for Continuing Education at the University of Oxford for over 15 years, have always been employed on personal service contracts. 

They claimed that the terms of their contracts mean that they are employees. They argued that as a result of their personal services contract they had been denied a number of important workplace rights.  

Alice and Rebecca argued their case is about the employment status of lecturers who have been hired on personal service contracts. They maintained that their status at the University of Oxford was clearly that of employees and not as personal service providers or workers. 

Alice and Rebecca, who the judgment notes “demonstrate a level of dedication and care for students that all educators should aspire to”, had long argued that their contracts were a sham. In April 2022 the university said in a letter to the Society of Authors (SoA) that it would offer the academics more appropriate contracts. Two months later Alice and Rebecca’s contracts to supervise students on the MSt Creative Writing Years 2 course were not renewed. Both will seek a judgment that the failure to renew these contracts was an act of victimisation as result of their whistleblowing and trade union activity. 


In the ruling, Employment Judge R Read noted the power imbalance between the precariously employed tutors and the University of Oxford. Additionally, the judgment described how the tutors are not simply guest lecturers or speakers and they are held out to be full members of staff (with biographies) in the student handbook. 

The judge ruled that they were engaged on fixed-term contracts of employment and should be classed as employees. A future hearing will be scheduled to assess the implications of this ruling. 
   
Alice and Rebecca are supported in their claims by
Law for Change and are represented by Leigh Day employment solicitor Ryan Bradshaw who instructed Richard O’Keefe from Old Square Chambers. They acknowledge the support of UCU and thank the Society of Authors for making representations on their behalf.

We believe this positive outcome for the claimants will not only secure better contract rights for lecturers at Oxford University but also help others working under exploitative contracts across the academic community.

Next
Next

DEFRA U-turn on food waste policy