Prof Jo Phoenix vs The OU - Employment Tribunal Thread 3

[ickky]

Started on 2nd October at Watford Employment Tribunal (Radius House, 51 Clarendon Rd, Watford WD17 1HP 01923 281750)

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Header should read

URGENT CURRENT CASE - Public Access Request - J Phoenix - The Open University - 3322700/2021

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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

PB - Dr Paraskevi Boukli, Former Senior Lecturer Criminology, Deputy Head SPC 2021-22
IF - Prof Ian Fribbance Dean of FASS
DD - Dr Deborah Drake, Senior Lecturer Criminology, Head of SPC 2018-21
LD - Dr Leigh Downes, Senior Lecturer in Criminology (in SPC), Academic Lead for EDI FASS 2019-21
CT - Catherine Tomlinson, Senior Student Advisor
LW - Louise Westmarland, Prof of Criminology, Co-Deputy Head SPC, 2018-21, Current Head SPC
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

Thread 2
https://www.mumsnet.com/talk/womens_rights/4913946-prof-jo-phoenix-vs-the-ou-employment-tribunal-thread-2?page=1

I think your use of 'sane' time I
s a bit optimistic in this context

Unless those people causing the grievance are TRAs. The OU were simply too chicken to stand up to them, and hoped Jo would bugger off/resign.

I'm in! Hope the others who were hindered this morning are also let in.

I’m in too

I would expect that to become clear when witness statements were taken and when decisions were made between the lawyers and OU as to who they would put up in the hearing.

Doesn't sound like she was actually head of anything in reality but only in name. What a waste of space.

OU panel was two internal people no external investigator.

CM: The advice we were given was that wasn't an option within in the process.

BC: I'm sorry but we have just looked at the process and it was an option within the process. You're in charge at HR. Why do you need advice re what allowed? You should be on top of this.

CM: I was not in detail of the policies. Advice given to me was couldn't have ext investigator under policies.

HR wonk - External investigator was not an option.
Ben - it is in the policy
HR wonk - waffle, waffle

Err, I think the policy would be the first place I would look as DIRECTOR OF HR.

FFS you can always bring in an independent investigator.

No @chilling19 she was busy and important and other people were running the process so it wasn't her fault and she didn't need to know the policy because someone else did.

Re the legal advice, in her witness statement she refers to an internal employment lawyer and to two (named) firms of external lawyers. She claims privilege over the nature of the advice, unsurprisingly.

OMG she is worse in person than in TT.

So it was hugely complex and important but the person actually managing the grievance had no experience in running the process

I think the OUs strategy is blame it on unprovided legal advice and better to take a loss at the tribunal if they can’t price JP out of it, than to settle and unleash chaos internally with the students. They’re afraid of their own students (as we all knew anyway).

TT commentary first half of this morning.

https://threadreaderapp.com/thread/1712384453392151002.html

BC: Would this case be appropriate for a first-time grievance manager?

CM: I don't agree. Support would have been provided.

[That would be the OU definition of support, obvs.]

This witness is really trying to push the blame on to her junior staff. I wouldn't want to work for her after this display

Snort

That'll teach me to post without my contacts in. 😂

Yes 'sane' times certainly seem to be few and far between.

Surprise surprise

Not reading the grievance was deliberately ignoring it, IMO. It is not like CM was not aware of the situation. Not to even bother to read the grievance appears to be at best negligent, at worst contemptuous of the idea that JP deserves to be treated with fairness.

It is quite something.

Those BIG IMPORTANT JOBS eh?

Who were the names on the panel looking at the grievance?

Anyone else not able to get back in??

Panel members chosen on the basis of knowledge and understanding of the issues. Hmm. Does anyone else smell a stonewall trained rat?