Prof Jo Phoenix vs The OU - Employment Tribunal Thread 3

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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

Wow!
This is so similar to Allison Bailey case. Where Stonewall and Garden Court witnesses repeatedly outed themselves as not only serially incompetent & often "economical with the truth" but as professionally unfit for purpose while earning substantial salaries.
Amazing.

How did she know that there were other similar grievances if she never read it?

This is such bullshit.

A minion told her so Alison

Was OU relying on gagging clauses to avoid these other grievances being disclosed do you think?
Similarly any attempt at settlement would have involved gagging Jo.

I'm increasingly apprehensive that these levels of competence are actively cultivated for plausible deniability for the senior staff and their organisations.

Although tbf the senior staff and organisations seem as shit and incompetent as everyone else....

it's gobsmacking. What are the pensions like for this bunch of chocolate teapots?

That was the question that occurred as soon as I read that bit - if they recommended taking the letter down, who decided not to and why not? And I actually laughed out loud at the incredulity of CM not reading the full grievance. I dialled in to one of his previous appearances and got the impression Ben Cooper is generally very measured, so even if the surprise was for dramatic effect it's pretty damn unusual.

I wonder who at the OU is taking the decisions in this case. As in what their position or role is. Who will JM/the solicitors take instructions from on disclosing these other grievances? The impression I get of the OU is that nobody is properly equipped in any sense to decide anything.

I get the impression they are getting their legal advise from Stonewall

Thank you to all those posting extracts, comments and links - all much appreciated. Good luck, Jo!

I'm feeling sorry now for Harold Wilson, I expect there's a rumbling coming from the churchyard at St Mary's.

I agree that they are likely actively cultivated. However, their tactics aren't coming off as they'd hoped.

Sometimes with legal advice if you don’t ask the right question you don’t get the right advice I.e. are the contents of these emails covered by FoS and academic freedom - Yes.

If they don’t ask are the requests in the open letter potentially discriminatory? No advice given.

Ooooh. finger on the pulse there Saffron It's not been disclosed has it? OU claiming privilege on it, so I think you may have won a prize there.

Quote from the OU's "Working with Equality organisations":

"We are Stonewall Diversity Champion, giving us access to advice from the Workplace team, benchmarking through the Workplace Equality Index, and access to good practice seminars and the Starting Out Careers Guide".

Presumably this is the impact we see displayed in this case.

The OU Law School have a legal advice centre. ( Student run) Perhaps the OU advised themselves just to shore up their SW Champion advice?
Just speculating.

Oh absolutely all the “legal advice” has come from Stonewall!

Can the OU dodge responsibility by blaming it all on their “legal advice”?

Wasn't that what Garden Court Chambers did in Allison Bailey's case?

Yes @RoyalCorgi and you'd think after the poor state of stonewall advice was revealed other organisations would have decided to steer clear

I worked at that university. It was pronouns all over, progress pride flag flying outside, absolute silence during disability awareness month.

Not to mention that Stonewall shrugged and said it was their fault for listening to bad advice and acting on it, and left them to carry the can.

Stonewall identify as Good People on the Right Side of History.

I know there are endless jokes to be made about the 'identiying as' phrase, but this is really what it comes down to.

Who has the power. Who is permitted to 'identify' as they wish and who is able to 'identify' others.

Can the OU dodge responsibility by blaming it all on their “legal advice”?

Ignorance of the Law is no mistake - age old legal tenet

No. They could try and mitigate things by claiming they followed it in good faith but not totally duck out of it.
Usually, if you've had duff advice and suffered a loss, that's when you claim against your duff advisors, who should have the appropriate liability insurance.
Sorry cross posting with pp.

Alternatively, big Steph in a bobble hat might have given them advice. (Joke)