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

In my excitement I nearly forgot to say very well done Jo Phoenix. This must feel like some vindication finally. I really hope the future is much brighter for you.

Massive congratulations to Jo! This is fantastic news. Am looking forward to reading the scathing comments about the nasty, sanctimonious wankers who put her through all this. I hope they are burning with embarrassment (burning with shame is probably too much to expect from them).

I've started with some of them here https://www.mumsnet.com/talk/womens_rights/4875185-update-from-jo-phoenix?page=2&reply=132435325

But there are a lot of pages to read through

I'm thrilled for her. It was painful to read about what she'd been put through and the toll it took on her. Well done, Jo!

Wonderful.

I must get a WORIADS t-shirt.

I'll read that judgement in the early hours when the cat wakes me up.

I was following the case at the time and I was aghast at what she had to endure. If someone as intelligent and well-reasoned as Jo had to endure through this, there is no hope for the rest of us.

I still don't know how she managed it without an inch of swearing in public. 😋

I remember the court threads. The OU witnesses were... jaw-dropping. Reading the judgment has brought it all back

"We do not find this witness credible...
...coy...
...evasive...
...untruthful...
...not cogent...
...inconsistent...
...it is simply not believable..."

I am full of admiration for Jo's fortitude.

I can't wait to read the OU's take on this.

I think this sentence from the judgement encompasses pretty much everything about the whole subject matter that many here encounter on a regular basis:

We expected a certain basic level of rigour in presenting the evidence before the Employment Tribunal. There were some witnesses who we address below in our findings who did not meet this standard.

AMAZING NEWS!!!

Phoenix rising from the ashes 🔥

Woohoo!! Fabulous news. I freely admit that reading 155 pages of judgment is beyond me, but I look forward to sampling any further highlights you care to share. That one that @pombear noted is particularly pointed.😂

What strikes me is just how unpleasant, nasty and bullying some people are while they demand safe spaces, and no debate and claim anything other than affirmation and agreement as harmful for themselves.

#bekind

Woooo! Marvellous news!

Thank you for your courage Jo. You are an inspiration.

Fantastic news! Well done Jo and team.

I'm just getting started on reading the Judgement. This paragraph was interesting.

39. Dr Williams’ response to the Claimant signing the Guardian Letter was to send an email to Helen Bowes-Catton on 19 October 2018 [389] expressing deep concern about the Claimant obtaining consent to do research on children and transgenderism v Lesbian erasure, to the extent that Dr Williams stated that he would talk to the LGBT centre with a view to getting an injunction to stop the Claimant undertaking such research. [389] When cross examined about the email, Dr Williams said he was unsure whether the Claimant had ever said that she would be doing research into transgenderism in children. We find that there was no evidence that the Claimant was doing or planning to do any research into transgenderism in children and that Dr Williams was displaying an irrational fear and was hostile to the Claimant because she had gender critical beliefs.

So pleased for Jo and so grateful for her courage on behalf of all women. Thank you for putting yourself through this.

Another brick in the wall falls

Brilliant! Thank you Jo for taking this on, women everywhere salute you!

Their tactic of brining in the world and its mother as witnesses in an effort to bankrupt jo has SPECTACULARLY failed here. It has just highlighted how rotten the entire institution is. The judgement is so so damning of so many people, i just dont know how heads cant roll. There has to be some disciplinary action on the back of this. They were fuckers to Jo. Absolute fuckers. And now it is spelled out technicolor detail. If Downes had any decency she would resign, but i wont be holding my breath.

Dr Downes and Dr Drake do not come out of this well.

If Downes had any decency [they] would resign, but i wont be holding my breath.

Inconceivable. They wrote a guide about resilience and embracing challenging material just so they could brook troubles like this. (NB: not confident Downes conceived that they might need to take their own advice wrt their moral compass, ET's perception of their intellectual rigour and competence as a witness etc.)

https://www.mumsnet.com/talk/womensrights/4990903-another-gc-employment-tribunal-roz-adams-vs-edinburgh-rape-crisis-centre-3?reply=132438099

I've genuinely forgotten. Which academics wrote that triumphalist paper about bringing down a previous Vice-Chancellor through their subversive networks and communications via WhatsApp?

PS: found it.
Bowes-Catton, H., Brewis, J., Clarke, C., Drake, D. H., Gilmour, A., & Penn, A. (2020). Talkin’’bout a revolution? From quiescence to resistance in the contemporary university. Management Learning, 51(4), 378-397.

Drake is a co-author of this, of course. I wonder if we'll see a humbler paper about their initial success in ousting Jo Phoenix followed by this hubris?

Bowes-Catton, H., Brewis, J., Clarke, C., Drake, D. H., Gilmour, A., & Penn, A. (2020). Talkin’’bout a revolution? From quiescence to resistance in the contemporary university. Management Learning, 51(4), 378-397.

Spot on. If the OU were an ethical organisation they'll take disciplinary action against their staff found to have "misled" the ET. But sadly that ethical boat sailed years ago when they got involved with Stonewall et al.

This is all a demonstration of what Helen Joyce describes - once respected organisations being broken once they get caught up wih gender ideology.

80. The Claimant told us that there were approximately 30 people in HERC. But when we looked at the emails provided in the bundle in or around May 2019, there were no emails from HERC members that predated Professor Westmarland’s 23 May 2019 email indicating that she was going to speak to the Claimant. We find the 23 May 2019 email indicates that it is Professor Westmarland who wants to speak to the Claimant about her WPUK talk not the members of HERC who the email was sent to. We find that Professor Westmarland’s oral evidence on this point is inconsistent with her written witness statement [LW@33] and the aforementioned email in the bundle. We find that Professor Westmarland was motivated to speak to the Claimant not because someone told her to, but because she didn’t like the Claimant speaking about her gender critical views.

Bold = pants on fire

🍾for Jo - Well deserved. I hope you and your partner have a great celebration!

I couldn’t believe how pleased most of the OU witnesses appeared to be by their ‘performances’ at the tribunal. Happy to see the judgement is frequently quite withering regarding their evidence! They should all hang their heads in shame (though expect none will do)!

All organisations should also take note and in particular watch who they appoint as EDI leads (looking at you Sport England for starters!)