Thread by @tribunaltweets

We are here at Watford Employment Tribunal hoping to live tweet Prof Jo Phoenix vs the Open University. The court dealt with procedural matters on Monday, had a reading day yesterday. Here's our coverage. tribunaltweets.substack.com/p/professor-jo…

Abbreviations, in case we are given permission
JP Jo Phoenix, the Claimant (C)
OU The Open University, the Respondent (R)
BC Ben Cooper KC, Counsel for JP
J - Regional Employment Judge Young
P - Panel or panel member
JM - J Mulcahey (sp?) counsel for OU

We are expecting evidence from JP today.

We are waiting to be called to the Tribunal Room. There are a number of observers and supporters here.

We have been granted permission to live tweet and are waiting for the Tribunal to start.

JM - Jane Mulcahy KC for the OU.

We are waiting to be called to the tribunal room.

Now 10:40 am. Still waiting.

Panel members sitting with Judge Young:
P1: B Von Maydall-Koch
P2: C Surrey

We have not been called to the tribunal room yet and understand the remote access observers are also in a waiting room. No explanation for the delay.
10:55 am.

We are in the meeting room now and expecting to begin soon.
J - we are waiting for on line observers to be admitted.

(J is very soft spoken, we will do our best but may struggle to hear).
J - Good morning, I'm EJ Young, introducing P2 - Mr Surrey, and P1 - Mrs Von Mayhall-Koch.
Now muted all observers.
J - I ask that everyone (observers) be quiet so that the Panel can hear the evidence

and that we can do our work.
Reminder about the prohibition on recording on any media without express permission.
Also - observers should call the number provided to resolve any technical difficulties.
Reminder to turn off phones and devices.
There are members of the press

here and there are currently no reporting restrictions. And I have given permission to live tweet.
J - notice of withdrawal of indirect discrimination claim, I have granted that and you will have my ruling in due course.
On to the timetable - we are behind schedule, and

we have a limited time to hear this case, I've done the timetable based on counsel's submissions. The timetable is tight.
I propose that we start with C's evidence at 2 pm. We have other matters to deal with.
We start tomorrow at 10, C's evidence until 1:15, then lunch

C evidence goes on until 4 pm, with appropriate breaks.
Friday, starting at 10 am, C continues until lunch time Friday.
Counsel?
JM - I would hope to achieve that, I will try and do that and it will let you know how it's going to day.
J - yes.
BC - querying schedule times

J - yes, I have scheduled the breaks as requested by C but if she needs a further break she should let me know.
(break schedule adjusted and agreed).
Now discussing the schedule of witnesses for Monday onwards.
10 am start on Monday.
Discussions about swapping witnesses

around, now scheduling PB - Dr Paraskevi Boukli, Former Senior Lecturer Criminology, Deputy Head SPC 2021-22 on Monday morning as first witness.
J - I'm setting out a very specific and strict timetable because of the number of witnesses and length of the case.

On 10 October it will be DD - Dr Deborah Drake, Senior Lecturer Criminology, Head of SPC 2018-21 and LW - Louise Westmarland, Prof of Criminology, Co-Deputy Head SPC, 2018-21, Current Head SPC.

11 October; LD - Dr Leigh Downes, Senior Lecturer in Criminology (in SPC), Academic Lead for EDI FASS 2019-21, and MW - Prof Marcia Wilson, Dean EDI, 2020-23.
(discussion of amount of time required for witnesses)

J - Now discussing need for time for re-examination. Counsel's estimate did not include time for re-examination, I have not timetabled time for Panel questions, many witnesses are 1 to 2 hours. We will re-assess and see how it's working.
JM - witnesses need to know when

they are required. And it's my practice to do as little re-examination as possible.
J - yes, the Panel will deliberate questions so discuss in the breaks if we need to ask any questions.
When we get to Wednesday or Thursday we will take a view on the timetable.

Thursday 12th: CM - Caragh Molloy, Group People Director 2019-23, JD - John Domingue, Prof of Computing Science, Director KMi, 2015-22,
KMi - Knowledge Media Institute

Friday 13th: PK - Peter Keogh, Professor Health & Society, Member RSSH
RSSH - Reproduction, Sexualities and Sexual Health research group
CW - Dr Christopher Williams, Senior Lecturer History
SD - Shaun Daley, Head OU’s Resourcing Hub. Head Strategic Resources,

also on Friday 13th NS - Nicola Snarey, Assoc Lecturer Eng Language with a possible late finish of 4:30 that day.

J - tribunal has provisionally agreed to sit on Monday but we may decide to take a break. What is the last day we can decide to sit or not sit?
JM - consults witnesses in court. Proposes witnesses on Monday 16 Oct
HBC - Helen Bowes-Catton, Lecturer Social Research Methods

NatS - Natalie Starkey, Outreach & Public Engagement Officer School of Physical Sciences, 2019-22
CT - Cath Tomlinson, Senior Student Advisor
(discussion difficult to follow - doing our best here)

Then final 2 OU witnesses
SJ - Samantha Jacobson, Employee Relations Case Manager
RH - Richard Holliman, Prof Engaged Research, Head School Environment, Earth & Ecosystem Sciences, 2019-22. Member of Investigation Panel investigating the C’s grievance
Monday or Tuesday.

J - now on to submissions, are you planning to submit written submissions
JM - yes, but I don't think we need an entire day.
J - proposing to finish evidence on Tuesday and then give you each 90 minutes on Wednesday.
JM - proposing to start on submissions on Wednesday,

J - so Wednesday it is and no one is objecting to my 90 minutes each. Short break after first submission.
Can I suggest that we start at 11 am on Wednesday so that we can consider the written submissions.

BC JM agree.
J - can I also ask for dates to avoid for a possible remedies hearing? I think we're looking at January already.
JM - will come back after lunch.
J - a few ground rules; observers on line and in person, no responses, noises, gestures or anything that could be

seen as a comment. Can I ask the actual witnesses to please give the page number when referring to a document, doesn't matter if that takes time to find.
Final issue is documents - I was told on Tuesday that there were documents submitted by Samantha Jacobsen, I have no

knowledge and no application for them.
J - BC what are those?
BC - these are documents that are in the electronic bundle but have not made their way into the hard copy bundle. Also a revised index page.
J - am I right in thinking the index needs to be swapped out?

BC - Yes, swap out the index pages and add the others at the end.
J - anything else
BC - access for press and observers to the bundle please, for those attending remotely, that a link will be available from solicitors to a non-downloadable version of the witness statements

will be available under the same rules. Finally, we had not prepared for a remote access hearing so unfortunately the bundle is not suitable to be shared on line.
J - observers can always attend in person.
J - if that's all I think we can start evidence.

BC - our preference is to take an early lunch and unpack the bundle.
J - we were just discussing the same. Agreed that early lunch will be taken and we will be back at 1:30 pm.
J - if the parties and observers can be back in the waiting rooms by 1:20 pm.

Court rises - back at 1:30.
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