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

How apt that this guy’s initials read ‘if’

he’s ever so non committal isn’t he?

I'm reminded of the old joke about the sheep on the hillside and the people from different disciplines in the train.
A mathematician, a physicist, and an engineer are riding a train through Scotland.
The engineer looks out the window, sees a black sheep, and exclaims, "Hey! They've got black sheep in Scotland!"
The physicist looks out the window and corrects the engineer, "Strictly speaking, all we know is that there's at least one black sheep in Scotland."
The mathematician looks out the window and corrects the physicist, " Strictly speaking, all we know is that is that at least one side of one sheep is black in Scotland."

BC: For a junior member of staff seeing open letter signed by 300+ staff...

IF: That's only about 3% of staff of the OU. Repeats the 3%.

BC: Not surprising if they feel intimidated

IF: I do find that surprising.

[IF is obviously completely out of touch with his staff - unless they shout]

IF doesn’t agree that a member of staff may feel discouraged/dissuaded from pursuing a perceived GC activity after observing the Open Letter and Twitter pile-on.

” individuals are responsible for their own actions “

Some people have asked about other 'GC' networks at other unis.

Academics For Academic Freedom have branches at various unis, they have a broader remit than just 'GC' but it is a clear part of their scope:

https://www.afaf.org.uk/

IF - people are responsible for their own behaviour.
BC - JP making clear to you that it's not Essex, she's under attack from her own colleagues

I don't understand why the OU decided it would be a good idea for this tribunal to go ahead. Their dirty laundry is out for all to see. Did they not watch the other tribunals? Or do they really think they can survive this with their reputation intact?

Individuals are responsible for their actions - she made them do it to her!
Let me guess, JP needs to accept “accountability” to the mob.

I'm trying to think of a situation where 3 % of my colleagues (so 3 in a department of 100) openly complained about me in writing, and the company expressed views to the rest of the department that mollified the complainers but said nothing to support me and wondering what I would do about it.

I do know that the fact that Jo stayed for so long and tried to fix it says a lot about her bravery.

I think IF is hoping to run down the clock now. Taking a long time to read stuff now.

I think it is obvious that IF has no understanding of the working life of women. He seems to be implying that Jo was not resilient enough, he doesn't accept that admin staff (comms) would be worried about their jobs, and that other women were frightened to come forward,

Wow they left it up whilst investigating rather than taking it down. Legal advice that that was OK to do that. No thought of prejudice.

BC- you didn't take these statements down because you were afraid of the reaction if you did.
IF- no, don't agree. Can't go into legal matters but the uni secretary was receiving detailed legal advice at the time. I know that for a fact.

Wonder what form legal advice took?

And who it was from.

Precisely.

IF can't go into legal matters at a legal hearing? Riiiight.

@AutumnCrow legal privilege is complex.

I would say that BC just unpacked a little gem there.

IF has never heard of an employment investigation going on for someone who is not an employee. Er, he's taking part in one now!

Please tell me the uni secretary is on the witness list so we can ask about this legal advice.

it seems a really open and shut case that the OU allowed themselves to be bullied by a load of narcissistic nutjobs into discriminating against JP, because it was deemed easier to do that than say no to said nutjobs

EJ young can borrow that text for her ruling if she likes

<generous>

So stopped grievance because Jo resigned. Piss poor legal advice if that was the advice given. Always complete as it goes to show an employer took the allegations seriously.

IF not yet released 😂

Back at 2pm

Maya is among the observers, I take back what I said yesterday about her not wanting to see another ET or BC in action!