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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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
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

Given what JM has to work with she’s doing really well here. I mean it doesn’t stand up to our scrutiny but we’re a group who’ve been looking at this for bloody years and have a strong bias for Jo. It may well be having an impact on the panel

JM: JP long resignation letter is entirely self serving and doesn't mention new Reading job

JM now explaining the Judge's job to the Judge. Bet she enjoyed that. 😂

This is DARVO. JM said JP was mean and nasty and targeted witnesses like Downes and Boukli who were initially named as respondents but subsequently dropped as part of case management.

JM knows this is completely normal in litigation.

JM tells judges they will have to chose which version of reality they believe!

JM: J will have to choose between realities There's vv good evidence from our account of reality

So J must choose between realities. As if there isn't an actual reality and then various views of this.

Given what JM has to work with she’s doing really well here. I mean it doesn’t stand up to our scrutiny but we’re a group who’ve been looking at this for bloody years and have a strong bias for Jo. It may well be having an impact on the panel

Yes I am never complacent about these cases. Remember what happened in the first Forstater tribunal.

JM has as a habit of saying things like, oh, I didn't put that too well. Oh, sorry about my grammar. Says ad hominem - and then says, oh sorry, didn't say that well, I'm not v good with my latin.

I don't think many barristers haven't come across ad hominem before or had to say it a number of times. Not buying these silly little me comments.

So inaction does not equal discriminatory motive. But the point is that inaction is not acceptable when it comes to an employer's duty of care to their employee.

I am most interested in JM's points - and fed up to have missed so many waiting to get in to the session. (I'll be looking at TT with great interest.)

So JM not only had to write up some kind of submission that has to sound, at the very least, a bit convincing and also speak about it but not say the same things, as per the judge's instructions, using only this pathetic collection of stories and lies from the OU's witnesses?

You have to show you are upset or you are not upset?

(Spoken by JM who is presenting 'silly me' rather than woman of long training and experience)

if she had been really upset she would have left her job

A rather thin argument, considering she did leave her job.

Of course, it's another pants on fire moment. A barrister most definitely knows that Ad hominin means attacks against the person instead of against their argument.

Did JM just misgender Dr Downes there?

You have to show you are upset or you are not upset?

Yes. But you're also not allowed to be emotional.

Probably, I think everyone in the tribunal has.

Yes. But you're also not allowed to be emotional.

Unless you're a certain type of person.

JM: re discrimination, they are relying on a hypothetical comparator. DDownes isn't a comparator cos not at same level etc. If J needs to think of a comparator should be an OU prof who espouses controversial views on another topic.

[She is trying to get away from the force and relevance of GC/GI in the present climate in society and academia.]

J: I wasn't sure c your evidence that JP = campaigner.

JM: was the Whatapps - JPike/JP messages talking c how we will achieve our ends. Campaign is to campaign for GCRN and then take forward GC views. Difference between public and private faces.

JM: Who put together the open letter?

Who, indeed, Jane?!

JM: It's GC feminism which being mentioned on open letter. JP disavows feminism.

Splendid example of Deborah Tannen and the fact there is no 'right or comfortable' space for women's behaviour which is always marked, even for topics that are perceived as unmarked.

https://academics.otc.edu/media/uploads/sites/2/2015/10/There-is-No-Unmarked-Women.pdf

Actually I think both JP and BC were very good at the pronouns bollocks in this hearing. Which just goes to show what bollocks it is when the OU side have got it 'wrong' so many times.

Yes but the GI cohort had a network and no doubt many clubs etc to support them.