Prof Jo Phoenix vs The OU - Employment Tribunal Thread 2

[ickky]

Abbreviations

JP - Jo Phoenix, Claimant (C)
OU - The Open University, Respondent (R)
J - Regional Employment Judge Young
P - Panel or panel member
BC - Ben Cooper KC, Counsel for C
JM - Jane Mulcahy KC, Counsel for R

OU Departments & Networks:

HWSRA - Health & Wellbeing Strategic Research Area
FASS - Faculty of Arts and Social Sciences
SPC - Dept of Social Policy & Criminology
KMi - Knowledge Media Institute
GCRN - Gender Critical Research Network

OU witnesses

CW - Chris Williams, Senior Lecturer History
CT - Catherine Tomlinson, Senior Student Advisor
SE - Sarah Earle, Prof of Medical Sociology, Director HWSRA 2016-22
DD - Dr Deborah Drake, Senior Lecturer Criminology, Head of SPC 2018-21
LW - Louise Westmarland, Prof of Criminology, Co-Deputy Head SPC, 2018-21, Current Head SPC
LD - Dr Leigh Downes, Senior Lecturer in Criminology (in SPC), Academic Lead for EDI FASS 2019-21
PB - Dr Paraskevi Boukli, Former Senior Lecturer Criminology, Deputy Head SPC 2021-22
MW - Prof Marcia Wilson, Dean EDI, 2020-23
CM - Caragh Molloy, Group People Director 2019-23
JD - John Domingue, Prof of Computing Science, Director KMi, 2015-22
PK - Peter Keogh, Professor Health & Society, Member RSSH
CW - Dr Christopher Williams, Senior Lecturer History
SD - Shaun Daley, Head OU’s Resourcing Hub. Head Strategic Resources, Co-Chair OU’s LGBT+ Staff Network
HBC - Helen Bowes-Catton, Lecturer Social Research Methods
NS - Nicola Snarey, Assoc Lecturer Eng Language
NatS - Natalie Starkey, Outreach & Public Engagement Officer Sch Physical Sciences, 2019-22
CT - Cath Tomlinson, Senior Student Advisor
SJ - Samantha Jacobson, Employee Relations Case Manager
RH - Richard Holliman, Prof Engaged Research, Head School Environment, Earth & Ecosystem Sciences, 2019-22. Member of Investigation Panel investigating the C’s grievance

Witness for JP:

SE - Sarah Earle, Professor Modern History Uni of Oxford, Founding member GCRN

Tribunal Tweets - https://twitter.com/tribunaltweets

TT coverage so far https://tribunaltweets.substack.com/p/professor-jo-phoenix-v-the-open-university

Thread 1
https://www.mumsnet.com/talk/womens_rights/4905118-jo-phoenix-vs-the-ou-employment-tribunal-2nd-october-whispers-ben-cooper?page=1

Good article and very glad it's been published.

It's about inappropriate use of / abuse of power. The Judge has the power in court and by asking a question which presupposes a belief in gender ideology, it's forcing JP and BC to acquiesce not because they are believers but because they are in a position of lesser power in that context.

I think it's shocking and appalling this happened and was a real failure to show appropriate impartiality.

Preferred pronouns are such a luxury niche belief and often used to bully. It's just astounding the judge thought this was in any way appropriate in this case.

Jo, I hope you had a peaceful weekend. The worst is over for you. Wishing you and your legal team the best this week.

Like these?

%C3%A4gerHexenbrut

10am I believe. Looking forward to hearing Ben in action, bit will miss his long stares into the camera.

Good morning and how do wims.

I've been upgraded to tea in an actual cup instead of a straw in a beaker.
I hope Jo had a very nice uneventful weekend and is feeling good now that Ben is in the hotseat.

Morning. Looking forward to following BC in action via this thread and TT. Glad Jo's cross examination is over.

Good morning. I think Sarah Earle is up first isn't she, so isn't that another couple of hours of OU counsel before BC swings into action?

I was in touch over the weekend with someone who went to support Jo on Thursday and Friday. They said that they were sitting in the public gallery with a large group from the OU. They'd been surprised to find so many OU supporters. One evening they went for a drink in a nearby hotel with a couple of other GC folk and were surprised to encounter the OU people there. They had a chat with a couple of them and were told that the OU witnesses, plus an HR support team, have been booked into hotels in Watford for the duration of the trial — even though there was no need for them to be there this week at all because it was widely known that there would be reading days followed by Jo's testimony and then her witness. All the witnesses expenses — food, travel etc — are being covered by the OU.

I'm not sure what to believe. Surely witnesses aren't allowed to observe the case in the run-up to being called to give testimony? I've attended court as a witness twice and on each occasion was held separately and wasn't allowed to witness proceedings beforehand. My contact seemed to think Jo's emotional breakdown was at least partially caused by the sight, every time she looked up at the public gallery, of dozens of former colleagues all glaring balefully at her. If this is true, any residual sympathy I might have had for the OU has vanished. What utter bastards!

I think the witness rules are different for tribunals. Presumably because the way evidence is handled is much more reliant on the written submissions rather than live questioning. But that doesn't take account of the intimidation factor.

Hard to see how the OU can justify that use of funds.

Oh that's awful @VWdieselnightmare

That's awful @VWdieselnightmare. Poor Jo.

JM will start with Sarah Earle this morning, I think she said she would only be an hour with her, but she was much longer than scheduled with Jo, so who knows.

So this might be an accurate account of events? How can that be allowed? I'm trying to imagine being in Jo's position and say, booking into a hotel for three weeks only to find that all the people who are due to get up on the stand and say how hateful and transphobic I am are booked into the same hotel. Just imagine how much worse that would make an already extremely stressful situation.

These trans-allies and TRAs just can't stop behaving in an intimidatory manner, can they? They demand sensitivity and understanding but they show none of it to people who don't see the world in the way they do.

Well if it's true it's not a case of whether there was discrimination in the past, it's bullying in action, in the court room. Surely the judge will notice and take note?

What a waste of funds. I hope any MNetters paying OU fees request to know the truth of this misuse of funds and, if true, complain.

Anyone in?

They've so much invested in this. They are throwing in every dirty trick in the book. To lose would damage their academic status immeasurably, and there are other cases to come, such as Pilgrim Tucker.

Not in yet

I've just let in.

Me too. Not started yet. It says 18 waiting in the lobby.

I've still got waiting for the conference host to join... does that mean something's wrong and I should go out and in again?

I'm still in the lobby

In. Sarah being sworn in

Lots waiting and being let in gradually.

17 in lobby

Sarah Earle just sworn in and BC running through the formalities.