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Oct 13 21 tweets 4 min read Twitter logo Read on Twitter
We return for the 2nd morning session of Prof Jo Phoenix v Open University at 12.35.

The earlier session is covered here:
threadreaderapp.com/thread/1712755…
Currently in the waiting room
BC [directs to bundle] You retweeted from Girly Swat Tara Hewett saying The RG was working against the rights of a marginalised comm?
LD I didnt know. I believe over the line. I dont believe this is defamatory but expressing shock ppl felt
BC You retweeted a link to the LSE article, which calls the OU to recind its support for the network
LD I see it says that
BC it calls the RG anti-intellectual. This isnt true is it?
LD I felt they were free to say this
BC [reads] It's not true and defamatory
LD I dont see it's about the RG and are critiquing the GC perspective, which they're entitled to do
BC They ask for disaffliliation
LD Yes
BC They say its an openly hostile environment to have this network.
LD Not its existence but the manifestation of these beiliefs
LD can create a hostile environment
BC U were asking for deplatforming?
LD No
BC U agreed this earlier
LD I shared this statement of solidarity as I admire their expertise and it's their SF to express these views
BC U shared an OU students comments?
LD Yes, it was a student perspective
BC [reads re safety at OU and their decision to court hostility unlike T and NB ppl...researching their existance...sorry I dont feel sympathy when all yr peers ahve rejected you]
LD This is how they feel
BC It's saying there shld be no debate
LD It's hard having yr existance debated. The network was seen to be trying to roll back our rights
BC It says I wont feel sympathy and a culture of pile on onto the network
BC This article calls their beleifs transphobic based on namecalling
LD They're entitled to voice their opinion
BC Laws re FoS and abusive terms that GCRN beliefs are hate speech and breech the EA?
LD No
BC [reads you can get the hell out of my uni...]
LD This is their view
LD No I wasnt endorsing this view
BC U were attempting to make the OU not friendly to her beliefs
LD No, this wqas asserting my own AF and my own perspective
BC you were trying to build pressure on them?
LD No
BC Thank you v much those are all my Qs
P I have a Q re the EDI, does EDI need to grant approval for uni research?
LD No it's another group that does this
P Do you have anything to do with research going ahead?
LD No

JM Throughout yr evidence y've referenced yr concerns, ad I want to know what u mean by the word?
LD Can u explain that Q better?
J An eg is when asked about yr reply to an issue re RGs article and V Cooper on HERC. U reply u had concerns re his comments. In that context
LD I was concerned re CCJS statements that didnt have any evidence eg TW are not men whilst my research
LD is about their experience in prison. Also about a safe and inclusive working environment for T and NB colleagues
J U were asked about the RR and u hadnt read it, have u now read it?
LD No I havent
J Slightly different Q re the open letter, I think you were asked about how you got it. Do you know who drafted it?
LD I do not know
J U indicated u werent 100% in agreement w its objectives so why did u sign it?
LD To be in solidarity and support and help create a sfae and incl
LD study and work environment. I was AL at the time. As an act of support really
J When u found out about the RN did u investigate what it was about?
LD Yes, my heart sank when I saw the SM podcast on there and how affected I'd been as a mamber of staff
J Re yr method of writing to seniour OU staff and not engaging w C or RG or any of those. why didnt u contact the indivs?
LD I did w RG directly but not w the C as our rship was v tense and I sought advice to navigate this. I was trying to get guidance on what to do
LD Ididnt get much support and guidance
J Why did u think something needed to be done?
LD Discrim, distressing and poten over the line. I saw this asa serious issue but sen managers did not and took no action as far as I'm aware
J Do u consider that they're (GCs) making complaints do u see as distinction or all wrapped up in context of harm?
LD Hard to say, we do talk about things in terms of harm and this cld constitute harm
J Re the podcast, u say u didnt find it offensive but some had
LD Colleagues
J did you consider this as harm?
LD Yes I saw as harmful as seeing as part of their job via their inbox, so potentially but I cant talk for everybody
J U say u have a disclaimer on X, when u retweet who are u expecting to see these?
J Answer the Q
LD Umm. Whoever is following me
J Thank you LD, that's the end of your evidence and you are released.

J we'll return as planned at 2.15pm
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More from @tribunaltweets

Oct 13
Welcome to the second part of Friday afternoon's hearing. Peter Keogh (PK) will be continuing his evidence, questioned by Ben Cooper KC (BC).
We are resuming after a short mid-afternoon break.
BC: 6th way I say this letter is disproportionate is that don't even just say the things you feel are improper, you make allegations of bad faith.
PK Yes I stand by that. We say GCRN set up in bad faith, I make take a minute or two.
Read 90 tweets
Oct 13
Good afternoon.

We expect the afternoon hearing in the case at Employment Tribunal of Jo Phoenix v Open University to begin at 2.15pm.
Abbreviations:
JP = Jo Phoenix, claimant
BC = Ben Cooper KC counsel for JP
OU = Open University, respondent
JM = Jane Mulcahy KC, counsel for OU
J = the Judge
P = either of the two panel members sitting with the Judge

You can read a full list of the abbreviates we use, and the previous sessions of the hearing, at tribunaltweets.substack.com/p/professor-jo…
Read 35 tweets
Oct 13
We will be reporting from Day 10 of Prof Jo Phoenix v Open University from 10am today.
See previous days and full abbreviations here: tribunaltweets.substack.com/p/professor-jo…
This morning will begin with further examining of Dr Leigh Downes (LD), Senior Lecturer in Criminology (in SPC), Academic Lead for EDI FASS 2019-21
Abbrevs:
JP - Professor 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
LD - Dr Leigh Downes
Read 78 tweets
Oct 12
Good afternoon - this is the second part of the afternoon session in the case of Jo Phoenix v Open University at Employment Tribunal.

The evidence of Dr Leigh Downes (Dr Leigh Downes, Senior Lecturer in Criminology at the OU) will continue
LD = Dr Leigh Downes
BC = Ben Cooper KC counsel for
JP = Jo Phoenix, claimant

J = the Judge
P = either of the two panel members sitting with the Judge
The court is currently taking a break, and will resume in about ten minutes.
Read 47 tweets
Oct 12
This is the PM session at the employment tribunal (Prof Jo Phoenix v The OU)
#OpenJustice
We are due to start at 2.30pm
Next witness expected to be either:

LW - Louise Westmarland, Prof of Criminology, Co-Deputy Head SPC, 2018-21, Current Head SPC

Or

LD - Dr Leigh Downes, Senior Lecturer in Criminology (in SPC), Academic Lead for EDI FASS 2019-21
Resuming....
Read 44 tweets
Oct 12
Good afternoon. This is part 2 of today's morning session at the employment tribunal (Prof Jo Phoenix v The Open University).
BC: In your WS you say 'panel was appointed' but dont given any more explanation as how that happened. What was the rationale as to why an internal panel and not an external investigator?
CM: This was over 2 years ago but I believe the advice we were given was that wasn't the standard process or not an option in the process.
BC: Im sorry we've just looked at the process and it clearly was. You are on the executive responsible for HR Ive got that right haven't I?
Read 47 tweets

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