Prof Jo Phoenix vs The OU - Employment Tribunal Thread 6

[ickky]

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

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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
MW - Prof Marcia Wilson, Dean EDI, 2020-23
CM - Caragh Molloy, Group People Director 2019-23
LD - Dr Leigh Downes, Senior Lecturer in Criminology (in SPC), Academic Lead for EDI FASS 2019-21
PK - Peter Keogh, Professor Health & Society, Member RSSH
CW - Dr Christopher Williams, Senior Lecturer History
KS - Kevin Shakesheff. PVC for Research and Innovation
DD - Dr Deborah Drake, Senior Lecturer Criminology, Head of SPC 2018-21
CT - Catherine Tomlinson, Senior Student Advisor
LW - Louise Westmarland, Prof of Criminology, Co-Deputy Head SPC, 2018-21, Current Head SPC
JD - John Domingue, Prof of Computing Science, Director KMi, 2015-22
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 - twitter.com/tribunaltweets

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

Prof Jo Phoenix Witness Statement (scroll to bottom of page and download)

jophoenix.substack.com/p/phoenix-v-open-university?sd=pf

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

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

Thread 3 www.mumsnet.com/talk/womens_rights/4917480-prof-jo-phoenix-vs-the-ou-employment-tribunal-thread-3

Thread 4 www.mumsnet.com/talk/womens_rights/4918479-prof-jo-phoenix-vs-the-ou-employment-tribunal-thread-4

Thread 5 https://www.mumsnet.com/talk/womens_rights/4919223-prof-jo-phoenix-vs-the-ou-employment-tribunal-thread-5

RH gets in the words fairness and rigour.

RH: Trying to run investigation vigorously and fairly. Lots of things to do and people to contact. Don't think it was slow.

BC: Let's test that answer.

Surely in a unionised workplace like this, there exists a grievance procedure with time limits to each stage of it as per ACAS recommendations.

Althugh the failure of UCU to give Jo any support was a green light to mess this up, and give it to this guy who had all the promise of buggering it up.

BC: this is policy you were working to. Respondents to grievance should be allowed 10 working days to take advice and then you can interview them from then on. You could have met them then

RH: That wasn't our methodology

BC: ?

RH: Fair enough, we were probably a bit slower than we needed to have been. Not that much though

RH - We were probably a little bit slower but were we unduly slow? No.

BC showing methodology not consistent re the DD meeting dates

RH: Fair comment.

BC: First interview of any sort was 16 Sept. Nearly 3 months after claimant's grievance before anyone interviewed. Next person is DD on 21 Sept - four weeks after notified c being respondent.

Wow, totally out of time in the grievance procedure. Good for Jo's claim of constructive dismissal.

BC: reads - DD is asking four weeks after mtg if notes available yet. Another delay.

RH: Everyone was on holiday during that period. Half term you know.

This is bread and butter stuff for Judge and Panel.

And if you consider The Holy Month of Pride and the run up to if of, say, a couple of months, that's about a quarter of the year where we're in purdah.

Maybe, like the church setting fasting days, we could be advised of the few days on which it's acceptable to express a view, which will - of course - take into account other sacred days such as IMAHOBIT Day, Trans Day of Remembrance, Trans Visibility Century and so on.

BC: Fairness would have been met by choosing people with time to do it and doing it more quickly re the meetings, or someone covering for others' hols...

RH: poss my naivety cos my first invest

RH has said a number of times -
not my decision.

Ben decides to let him off the painful hook

Everyone was on holiday during that period.

HOUSE.

I think they do know. I think a lot of them have seen that by hiding behind the pretence of believing in GI and the pretence of supporting the trans community, they can advance their careers. They can take someone like Jo Phoenix down, prevent the creation of a research network which will poke holes in their research and make their own reputation as a saviour of the most marginalised as they stomp on women's and working class rights. They can be heroes of the left while trashing core leftist values. It's just like the misogynistic men of the left working out that they can hide behind the shield of trans rights to abuse women, or opportunistic men using self-ID to get into women's prisons or changing rooms or loos.

Aaaaaand the sound goes.
Again

BC finished with RH

Judge has muted everyone again, she keeps forgetting to un mute. 😡

Looks like the Judge and panels members have gone off for a conflab.

Isn't not following the greivence procedure an automatic win for Jo?

I think they do know. I think a lot of them have seen that by hiding behind the pretence of believing in GI and the pretence of supporting the trans community, they can advance their careers Some might say that if you are a pretty mediocre employee, a change of i.d. can do wonders for a flagging career. Suddenly, the sun shines out of your arse.

IANAL but I think it's pretty Important, yes.

Well it makes a change from the casting couch I suppose.

It would certainly make people extremely wary of following normal processes of criticising, accountability, expectations or anything that could be interpreted as insufficient deference, sensitivity and supportiveness.

Near as dammit unless extenuating circumstances ( these aren't). It's a damned strong positive for her. This is an area the Tribunal will be very familiar with.

BC JM and another lawyer are having a happy chat. RH waiting at his table. J and panel are off stage right