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

BC: re The panel and the working group. The senior people didn't sort it. They could have stepped in and got things done more quickly. You had just been left to get on with this as you would with a normal grievance.

SJ: If that's your interpretation of events

So Ben established there that there was no urgency anywhere

I cannot see a Cat Dixon at Shoesmiths.

Same lady?

https://seriousinjury.shoosmiths.com/news/secondary-victims-medical-negligence-justice-law-psychological-injury-2015-09-15

Panel inaudible q

SJ: cos complaints similar and came in at same time and that panel had had training so they thought it would work well but it didn't. Other complaints given to another group.

SJ: very unusual, in B&H usually c 4 people. We had 22 people to deal with in the end.

If it’s these people, they are Stonewall Diversity Champions

It would be really useful to have a list of the other words that DD uses which may have alternative meanings which can change . For example she made great plat at the start of her examination of using the word “context” and implying that understanding the “context” was key to the entire situation. But now I am not sure if she meant her understanding of “context” or a more general understanding of the word “context”.

SJ - Because the cases were similar and they had had the training it was felt best to have the same panel. But it didn't work out like that.

She's mentioned in that Shoosmiths article not as a member of staff but as an expert. So maybe there are links?

Re respondents
SJ: Everyone wanted union rep with them

I bet they did

Yup. Must be the same CD, both are former CE of the Law Society. Maybe a case of "these lawyers all know one another". Does Ben go to the pub with JM and the Judge after this?

She's the most professional and clear of the lot of them (to be fair, not a high bar) and I'd bet she's paid less than the rest of them.

I wonder whether any of the panel members actually cancelled anything to prioritise this. I'd guess not.

I wonder if the union were obstructive too? Most unions are completely captured.

She's the only one I'd want to work with or employ.

From that Stonewall press release

Cat, formerly Vice Chair, is Stonewall’s longest serving trustee. Ayla Holdom has also been elected as Vice Chair, working jointly in the role alongside Jean Vianney Cordeiro.

Ben Whur has also started in post as Managing Director of Stonewall, leading the organisation’s work over the next nine months.
Cat brings a wealth of experience and expertise in leading major organisations, currently serving as Chief Executive Officer of the Chartered Institute of Arbitrators. Cat was previously Chief Executive of the Law Society, NHS Resolution and a University College having previously been a senior executive in BUPA, General Counsel for the NSPCC and served as an Officer in the British Army. Cat is a solicitor and mediator and has served on numerous Boards. Cat also holds the world record for the fastest circumnavigation of the world on a tandem which she set in 2020.

Yes, I picked the same thing up.

Panel: Mentions re death threat. Would you not think that needs urgent action.

SJ: Yes

Panel: How did you handle that

SJ: We had a number of other grievances at the time that mentioned death threats.

SJ tried to call JP but JP wanted everything via email. SJ took this as she didn't want to talk.

NO she wanted the evidence in writing.

Exactly what I thought @ickky

It wouldn't be surprising if Ben and JM go to the pub together at the end of each day, or even have lunch together. However, they won't discuss the case.

J: two other grievances - how long did they take

SJ: the grievance v close to JP's, c dept and open letter, took quite a while - a number of months, with another panel. Can't remember c the other one

this witness is direct and clear - it seems she doesn’t have any ideological position to defend publicly so is answering the questions honestly it seems. Or at least more honestly than the other witnesses.

🎯

J- how long did the other two similar grievances take?
SJ- one was against dept and one about the open letter. One was a few months. Can't remember re other.

They had a number of grievances involving death threats?! Wtaf goes on in that place....

Yes I think she comes across a lot better than most of these people.

It's past 5:30, they still going... Interesting!