We will be reporting from day 4 of the employment tribunal Prof Jo Phoenix v The Open University from 10am.
Abbreviations are in: tribunaltweets.substack.com/p/professor-jo…
We begin. J discussing ppl using their mobile devices on in court and reminded they're not allowed to do this - they should leave the room. Unless they have sought permission to live tweet. Security will be in the room. Restrictions described.
J: I understand the press are present today
BC When we have the short break it would be helpful for JP to leave
J Yes, if she watches the clock
JP Miss JM?
JM: Your para says arounf the cancellation time things became v difficult, we discussed event and I suggest thus isnt
what happened?
JP: This was at dept level and not OU level
Judge having issues with her laptop and calling for IT support [so a delay in proceedings]
J requests a break and to return at 10.30am
We return at 10.33
missed the beginning
JP I don't remember. I took part in recruitment w M Zoolaf for Assoc Lecturers and I'm fairly sure it was pre 27th Aug...yes in my sick leave
JP Has a funny system and as a FT staff member you dont deliver the teaching
JM Refresh us on where we were yday, re you to DD asking about their research.."would this summarise things?"
JM Discussion re being upset re contents of the email
JP Yes I recall re the book being in pigeon hole
I accept that
JM I've taken Abby out of this email
JM I hope study leave was productive and discussing writers retreat
JP Yes my email is cordial to her
JM Cordial response in Sept declining attendance and happy to meet up. Do u agree is cordial?
JP Yes, I wanted an academic r'ship
JM And Dr Downes too?
JP Yes
JM Ppl see DD needing protection - there's no evidence of this. Is it yr assumption?
JP No Dr Drake said this - there had been a problem betwn us but I'd never seen it that way
JM Yr the more senior person?
JM Professorships are a mark of distinction in research and not seniority
JP Part of being a prof is bringing ppl on and that's how I operated for the past 27 yrs. If seniority is about instit power then management have this
Yes,I agree they're the next generation.
JM Re ?? [missed name] walked the line for everyone who had a view on the gender debate
JP I agree partly w this. I attempted to talk to DD to help w research and help to define thinking - eg discussion of concept of transphobia and how u form concepts. So not necessarily parity of treatment as I was faced w an environment where became impossible to discuss GC
beliefs and academic freedom shld be foreclosed eg Holocaust denial.
JM We disagree with you here
JP I launched the network telling almost anyone for v good reasons but some did know. I depends on no effort to close something down - actively or in effect you can damage it by
doing nothing
JM You've described the background context. You say 5 things are relevant. The first is LW conversation where she likened you to a racist
JP Yes
JM Looking at your grievance document first which is a very long document
JM There's a duplication of bullet points - is this accidental?
JP Yes, I think so
JM You say, on 24th June, [reads out re not remembering exactly when conversation took place]
JP Yes, I couldn't remeber exactly
JM Discussing the S Times article, being called a transphobe
JM "Having a racist uncle at the dinner table"
JP Yes
JM But in yr witness statement you have located a date when you cldn't prev remember. How?
JP Via the SAR
JM There are parts of the conversation I dont remember, but now I see the WhatsApp msgs I cant remeber the order
JM "..Or the whole conversation"
JP Yes, correct
JM You also say you're very upset. Looking at the docs you say you're jet lagged & quotes "Self ID is the only way". Also "I've had a belly full and I need to explain myself". Discussing confusion between article and WPUK
JM So this is WPUK? You say yr going to name names [not mentioning Louise]. I think you're referencing Sept and not October
JP I was aked by Dr Drake to put out an olive branch
JM It sounds that way?
JP But it wasnt - that was disjointed
JM She suggested I get counselling
JP The first is about L Westmoreland, the 2nd about DD and the 3rd about LW
JM Yr evidence is so variable that it can't be relied upon. She denies she said racist uncle and denies she suggested you get counselling. The biggest objection re tolerating the racist uncle
JM You said "I'm ok. I needed to rant.. I really will be ok"
JP Yes
JM I take that you were ok
JP I presented it that way and u cld read it that way, but Ithe ppl I was chatting with I wanted to feel secure. It was a hostile environment and I had worked at many uni and thought
I understood them. I was trying to say I wasnt falling apart, but then I did.
I always try to put myself in others positions. I've been out as a lesbian since before the EA and had to grow a thick skin. The implicit homophobia and sexism I've lived with..
JP You learn how to present ok even if you're very upset
JM This network on whatsapp you're very honest with?
JP Yes. We're talking about emotional disclosure - which is very fifferent
JM U werent devastated?
JP I disagree completely
JM Do u accept yr unreliable witness
JP No
JM You cant be relied upon about the facts or that u were upset re uncle comment?
JP I disagree
JM Re follow up email to LM, [reads re needing another conversation and possibly slighting the OU and causes of upset: the conference, WPUK, RG. Causes of upset
JM Still reading from email...re differences of positions, possible misunderstanding.
JM There's no reference to the uncle comment?
JP No and there wldn't be. I was trying to salvage professional r'ships as wld have put us at game over if I had
JM Why wld it be game over? Why didnt you raise it?
JP This wasnt to record what happened but to get clarification re the Times and WPUK. It's hard to remember before this but the SAR brought this back - I remeber the fierce slap around the face
JM Do you accept you're doctoring your evidence to make it fit together now?
JP No.
[short break for JP to walk up and down]
JM and J discussing short breaks
[Note: JM speaks extremely quickly so I'm needing to paraphrase a lot]
JM Discussing WhatsApp messages - will return to this. The uncle comment was 2 weeks earlier?
JP I'll concede I'm not v good on dates, happily
JM 5th Dec,
JP The date is wrong
JM It's v odd you have dates
JM wrong?
JP I wont forget the date as I was being [destroyed?]
JM [hard to hear]
JP Agreeing noises. I disagree with many of her facts though
JM On 24 Oct LM wrote ... There's nothing ref the uncle comment
JP Yes
JM You've known LM for a long time?
JP Yes, but it's impossible
JP to have a peer 2 peer discussion with a line manager
JP HRec is the research org of the OU, and with memory she was saying I was calling into Q whether the OU was sticking with academic freedom
JM What's the relevance?
JP In a convo about me and at the WPUK, I was being told
JP not to say anything. That is ...I've lost my train of thought..
JM ??[cannot hear]
JP That's what she claims. I dispute later statement
JM Discussing colleagues with diametrically opposing opinions but we contained these. Do u accept this?
JP Yes
JM Still reading out
JP [Tearful and requests a few moments] then says I', ok
JM We stopped talking about the issues for a while, counselling..
JP No she did not. I did provide context and I was crying and not a little upset. She got up and went to her computer and tried to shut
JP down. Yes, my memory is jumbled but I wldnt have put it into an email the next day.
[hearing sniffles from JP]
[Many people on chat saying they cannot hear JM]
JP Is it ok if my partner comes up for a second?
Appears to be a break until 10.45
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Afternoon, Part 3. Jo Phoenix vs the Open University.
We are resuming.
JM - looking at events in 2019, you're talking that DD has left a book for you and this is an email chain about views on that book.
JP - yes that's correct
JM - the discussion is about what transphobia is
JM - she is talking about her understanding of the word transphobia. Is that what you understand
JP - yes
JM - from JP email 'I get it, I know what the word means, I'm trying to see the context'
JP - we were absolutely discussing the concept, it wasn't a slur
JM - are you suggesting that DDs interpretation was inappropriate
JP - inaudible
J - sorry I missed the answer
JP - I am not suggesting her definition was inappropriate
JM - at that point there were some union discussions,
JP - this was about Stonewall
We resume after a short break.
JM - now reading out from JP statement, meeting on 14 March, you were there?
JP - virtually
JM - 'I've never seen minutes from that meeting, given the subject matter there should have been minutes'. Are you saying there was an intention to
conceal.
JP - universities are no different, controversial or difficult subjects, some times the minutes bear no relationship to what was discussed.
JM - you were there, you know what was said.
JP - yes but the record is important.
JM - you say after that meeting that DD
became distant to you and did not interact with you.
JP - I don't recall any time after that DD initiated a conversation with me, or an interaction with me. A couple of conversations I started but that was it.
JP - can I come back to a question you asked earlier
JM - yes
J - reviews timetable, JP evidence to start.
(some discussions of microphones and degree of charge - clerk is sorting).
Slight delay - new batteries arriving now.
Problem solved.
BC - Prof Phoenix, please.
BC - please take a moment to plug in and set up your laptop so we're ready to go.
J - having a problem with her screen.
(tech support on the way)
BC - do you have the bundles and statements there on your laptop?
JP - yes
BC - do you want me to wait or to get started?
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
Tribunal tweets hopes to live tweet the employment tribunal between Prof Jo Phoenix and the Open University from 10am today although we have not yet received permission to do this. We have not received a list of witnesses or legal counsel so will complete this as case proceeds.
Abbreviations:
JP Jo Phoenix, the Claimant (C)
OU The Open University, the Respondent (R)
BC Ben Cooper KC, Counsel for JP
J - Regional Employment Judge Foxwell
P - Panel or panel member
One of the Tribunal Tweets has been given a remote log in. We have asked the clerk to seek Judge Foxwell's permission to allow that team member to allocate the log in so we can share reporting.
Second part of the afternoon proceedings. .
DJ will look at the statististic and chronology and comment in writing.
J: Returns to the question of the what may happen in terms of the For Women Scotland case - I will continue preparation of my opnion which will take sometime.
J: I may be able to issue an opinion before the FWS decision.
Or the Inner House beats me to it and issues their opinion.
J asks whether the parties wants the opinion held up for the FWS decision.