Prof Jo Phoenix vs The OU - Employment Tribunal Thread 7

[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
NatS - Natalie Starkey, Outreach & Public Engagement Officer Sch Physical Sciences, 2019-22
HBC - Helen Bowes-Catton, Lecturer Social Research Methods
JD - John Domingue, Prof of Computing Science, Director KMi, 2015-22
LW - Louise Westmarland, Prof of Criminology, Co-Deputy Head SPC, 2018-21, Current Head SPC
RH - Richard Holliman, Prof Engaged Research, Head School Environment, Earth & Ecosystem Sciences, 2019-22. Member of Investigation Panel investigating the C’s grievance
DD - Dr Deborah Drake, Senior Lecturer Criminology, Head of SPC 2018-21😇
CT - Catherine Tomlinson, Senior Student Advisor
SD - Shaun Daley, Head OU’s Resourcing Hub. Head Strategic Resources, Co-Chair OU’s LGBT+ Staff Network
NS - Nicola Snarey, Assoc Lecturer Eng Language
CT - Cath Tomlinson, Senior Student Advisor
SJ - Samantha Jacobson, Employee Relations Case Manager

Witness for JP:

SE - Professor Sarah Earle, Head of the HWSRA

Tribunal Tweets - https://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)

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

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

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

Thread 4 https://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

Thread 6 https://www.mumsnet.com/talk/womens_rights/4921308-prof-jo-phoenix-vs-the-ou-employment-tribunal-thread-6

When she just said 'it was a very short list' was that of people who were impartial i.e. most of the OU academics were clearly not impartial?

BC c policy: 5 working days to appoint panel. 10 weeks indicated to JP. Would have taken to 3 Sept to do grievance

BC: how many people did you approach for panel members?

She had a list!

SJ: We approached a couple of people but they had beliefs so wouldn't be impartial. Sally Hayes wot had a lot of experience and Rick who was an academic who was quite impartial. Yes he was new but there was me and Sally and Rick is one of the best people I have worked with and was rigorous in investigation

BC: How many people were on the list

SJ: A short list if I'm honest. Eight or less

SJ: Working group went through the list and whittled it down. So they chose SH and RH.

BC: Did you make enquiries c people on list re holidays/availability before you gave it to the working group?

SJ: No

BC: DId the wgroup ask you about that at all

SJ: no

What does this woman do for a job?

SJ- About 8 people on the list of the right grade which took to the working group and they chose the people off the list. They didn't ask about availability or workloads of people on the list.

I was wondering about this witness, but now I see.

But she didn't adhere to policy.

@Mmmnotsure she is an Employee Relations Case Adviser. So far she is responding how a sensible ER case adviser would respond.

BC: you were telling a panel member it would take longer, but you told JP would be by September.

So she was also dealing with other grievances about the same issue - I assume these are the ones HR forgot to mention in the witness statements

You took that decision with your line manager

SJ: yes

BC: I thought you said you didn't take decisions

😆

do you mean 'repent mtherfcker'?

that's my fave of all time.

Yes being resigned to the brick wall of academia. Not sure sh should be on the strand, unless it is to illustrate the shit show?

SJ: Training was done by Shoosmiths to get an understanding of what the case was about

Indeed. Which is why there are timescales in grievance procedures. Know your procedure and stick to it through the stages. Ths is such a shambles, but a deliberately manufactured shambles I feel.

This one?

https://www.reddit.com/r/redscarepod/comments/qcjtuh/woman_shakes_tambourine_while_yelling_repent/

Tyron - bit I couldn't find it

SJ- we had training from Shoosmiths so we'd know what this was all about

BC: It took a quarter of the three months you said the grievance would take in total before you invited JP to an investigations mtg

Well the availability of panel members wouldn't have been such an issue had there not been such a short list of people who weren't impartial probably.

Uncomfortable with this - she is admin.

I enjoyed Ben's

Let her waffle...

BC: 🫥 Page 456

I think it is just to show how they did/didn't follow procedures.

Who are Shoosmiths? A law firm?

Steve god damn Tooms should have been called as a witness.

Do we know who shoesmith is?

So Shoosmiths did the grievance training? Hmmm.

But she didn't adhere to policy.

This is what we are seeing time and again, isn't it? Regardless of anyone's beliefs the OU have just not followed their policy and messed up so many times. I would love to see what the OU and their legal team are thinking right but this ET is looking worse for them with every witness. Which is saying a lot considering they have been uncooperative.