Prof Jo Phoenix vs The OU - Employment Tribunal Thread 8

[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

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.

The clerk will ask you (in a private remote room) to put your camera on to verify, this involves looking at you, but no ID is needed. You may turn off your camera after this pointless and unnecessary process.

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
CT - Catherine Tomlinson, Senior Student Advisor
DD - Dr Deborah Drake, Senior Lecturer Criminology, Head of SPC 2018-21😇
SD - Shaun Daley, Head OU’s Resourcing Hub. Head Strategic Resources, Co-Chair OU’s LGBT+ Staff Network
SJ - Samantha Jacobson, Employee Relations Case Manager
NS - Nicola Snarey, Assoc Lecturer Eng Language - This witness did not give evidence.

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

Thread 7
https://www.mumsnet.com/talk/womens_rights/4922765-prof-jo-phoenix-vs-the-ou-employment-tribunal-thread-7

JM just made a point and said to the judge you asked why I'm making certain points and this is why. So at the start when we came in the judge was talking - was she asking JM why she was relying on specific areas?

JM is on a sticky wicket to argue there was no institutional culture against GC views

How many people have sworn about something in private then gone to type a non-sweary email to address the situation. Because I don’t think that undermines Jo’s case. Just shows she is professional.

JM: There wasn't an institutional climate of anti GC-ness at the OU.

Interestingly, the only witness she named is Samantha Jacobson, who was the only witness who wasn't a TRA.

My jaw is on the floor.

JM refers to all the OU witnesses but the only one she actually names is Jacobson, the only one who came across well.

Snap, Critical!

JM: c SMinds podcast. JPike discussing taking SMinds podcast down to calm things down. JP says no - nothing I said was wrong, those things were said by presenter. There is this fury about JP - 'nobody gets to come back on what I say'. Very striking and important context

Snap!

I was one of the first to be let in, those who were let in after really only missed a sentence or two from the judge. She talked to JM, says she had read her submission but not looked up the quoted case law yet (but will do so). Says she didn’t want the verbal presentation to be a repeat of the written text, she wanted something different.

So we haven't missed Ben's closing speech?

JM has referred to BC's closing but maybe means written?

JM: JP says we birthed a network. And this is what they had done and the OU had pushed back on nothing - protecting GCRN's fos

Presumably Ben's speech will take as long as JM's, and they were only going to start at 11 at the earliest.

The judge will have both written closing statements.

Presumably if BC is on second he is supposed to summarise the witnesses, not to counter JM's nonsense. But also presumably, one or two well shaped sentences along the way will show it up for what it is. Maybe he won't even need whole sentences - he's very good at saying a lot with very few words.

There is a targeted antipathy from JP.

JM: The OU has done nothing wrong.

🤨

The only reason we are sitting here is because JP doesn't like others views!

JM: JP was being pretty mean. People at OU who hadn't had anything to do with JP, she only brought them in to ET cos she found they'd sent a tweet. This is the targeted antipathy from JP which colours all her actions.

[DARVO at its finest]

JP: The only reason we are sitting here is cos JP doesn't like other people's views.

Oh, the judge already has the words - BC will have to manage via phrasing, pauses, and appropriate emphasis. And maybe the odd meaningful look, or sigh.

No better man.

The only reason they’re there is because JP didn’t like some of the things the witnesses said!

wow, DARVO much?

Ben did promise to deal with the quality of some witnesses evidence in submissions.

JM: questions JP final reason to walk away. Not what JP says, just cos she had the new job

JM seems to be saying that Jo wasn't upset enough so it wasn't harassment. And that if she had been really upset she would have left her job

JM: Sleepless nights (yeah, right!).