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

Ask for access link and pin and please give your name and address in the email as they check when you connect to the tribunal.

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

So they had other similar grievances from staff who are still at OU?

BC: exploring rationale you had at time for taking yr decision. When you refer to other grievances - on similar areas to JPs - did you at the time think we don't need to continue with this grievance as we have others dealing with the same point.

CM: yes as we had other matters continuing on the same area

Basically there were other grievances on this or similar subjects which were carried to completion.

The outcomes of these grievances have not been disclosed to the claimant.

Rampant Clerk-ophobia, for a start. With blatant CVP discrimination.

We're victims, you and I! 😫

Witness has said there were other grievances ongoing at the same time on the same topics. Judge/Panel had already considered themselves whether they should ask for it before witness mentions it. Some discussion on whether the outcome of those grievances should be submitted as evidence - considerations of confidentiality as it seems they relate to people still employed by the OU. Also possibility Jo would have to be recalled and questioned on the new evidence. OU Counsel will have to go and take instruction.

BC: you saying OU won't reach a decision on these difficult qs. We'll wait for tribunal to decide.

CM: Not fair

BC: You didn't want to upset one or other side, but rather leave it to the tribunal.

CM: Not at all

How did the other grievances come to light?

Judge and panel had identified there was a gap in evidence re 'other grievances'. JM will take instructions over the lunch break about what her clients want to do about it. If there is going to be evidence about this judge wants it to be brief.

So if those grievances were found in favour of the GCs who brought them, that will bolster this case? What a clusterfuck for the OU

BC: those are all my questions mic drop

and if they weren't found in their favour, opens The OU to further Tribunals if JP is successful?

Good point ickky

Brill! thanks!

They've kept the sound off ...

TT says:

CM: Yes there were other grievances that covered same and similar issues
BC: Which reached decisions as to whether what JP experienced was B&H?
CM: Yes
BC: Its a bit surprising that hasn't been disclosed to us

So perhaps it's via CM. Ben has had a surprising morning.

Judge turned off the microphones while the panel had a brief conflab, but hasn't turned them back on. I think the panel is asking CM questions now.

I wonder if those other grievances include Pilgrim Tuckers and Almut Gadow’s (cf crowdjustice)?

Yes it was the witness that brought it up.

BC was asking if one of the reasons the grievance hadn't been completed was because similar grievances had been raised. CM said that these issues were being dealt with in similar grievances so no need to continue with Jo's as she'd left. BC expressed surprise that these hadn't been disclosed.

CM - I didn't listen to the whole of the SMinds podcast
Bingo

the witness brought up the grievances but the Judge said that the panel had already spotted that this was a gap in evidence and were considering how to approach that.

CM has only listened to part of the SMinds podcast [bingo]. Panel member making positive remarks about JP comments on that. CM doesn't remember those parts being discussed in the working group.

Thanks so much everyone for passing on the updates. You are fantastic.

I know this is a cluster fuck but JM presumably also didn't know about this?

OK, bingo card

'Can't recall'
'Oversimplified'
'Legal advice'
'No time'
'In hindsight'
'Room for improvement'
'Strengthening statement'
'Read/listened to some of report/podcast'
'Didn't read any of it'