Jo Phoenix, Open University Professor, launched the Gender Critical Research Network (GCRN) in summer 2021; a network created for academics who think sex is important and focussed on research as to how sex matters in a social context.
Professor Phoenix alleges that the network produced 'the most violent reaction' in the Open University and that several of her close colleagues organised a public harassment campaign against her. The campaign culminated in a letter being sent to the university demanding it distance itself from the GCRN and was signed by 360 members of staff accusing Prof Phoenix and the GCRN of transphobia just for using the term 'gender critical'. The group asserted that further evidence of Jo's alleged transphobia was a timestamped podcast where Jo had criticised trans rights organisation, Stonewall.
Prof Phoenix alleges that the letter was highly defamatory and called for direct discrimination. It was coupled with two statements placed on the university's servers accusing the GCRN of contributing to a climate of hostility and called for the university to shut it down.
Two years earlier, Prof Phoenix had been subject to a harassment campaign after signing a letter organised by Dr Kathleen Stock to The Times and The Guardian which criticised Stonewall. A number of other academics also signed the letter. In April 2019, Prof Phoneix challenged the idea that transwomen can be literal women in a talk she gave to Women's Place UK. Both were used as evidence of her alleged transphobia, and saw her removed as a speaker at an event held by the University of Essex. The University of Essex has since apologised.
Prof Phoenix submitted a grievance to the Open University asserting she was being harassed and bullied and it was affecting her mental health, her well being and her work - of which she had been signed off with PTSD by her doctor.
Prof Phoenix consistently asked the university for the outcome of the grievance as she was unable to move forward with her work. She was told that she might hear the outcome before Christmas 2021 or she might not. Unwilling to endure the process any longer, Jo announced on 12th Dec 2021, she was taking Open University to court on the grounds of constructive dismissal.
Relevant documents
Professor Jo Phoenix Witness Statement
Professor Sarah Earle Witness Statement
LSE Gender Studies Statement of Solidarity
Status
The tribunal took place from 2nd-20th October 2023 at Watford Employment tribunal.
JUDGMENT
UPDATE 22nd Jan 2024 - The tribunal found that Prof. Jo Phoenix was discriminated against and harassed because of her gender critical beliefs, and that she was constructively dismissed.
The judgment can be found HERE
Excerpts from Judgment
Live tweeting sessions
Monday 2 October - procedural matters, done from notes, permission to live tweet not yet granted.
Wednesday 4 October, morning - procedural and timetable matters
Wednesday 4 October, afternoon - evidence from Prof Jo Phoenix, examination by Jane Mulcahy KC for OU, Part 1, Part 2, Part 3
Explanatory note: There was extensive discussion between Professor Phoenix and Jane Mulcahy KC for OU about an organisation and an individual on Wednesday during her evidence. That organisation is The Centre for Crime and and Justice Studies (CCJS) an organisation that is focused on research and policy in criminal justice. Richard Garside is the director of CCJS. Both are now in the abbreviations below but were not consistently identified during our live tweeting.
Thursday 5 October morning - Part 1, Part 2
Thursday 5 October afternoon
Explanatory note: Dr Jon Pike is a member of the OU faculty, who has not been called as a witness by either party. He was mentioned frequently during Professor Phoenix’ evidence and was abbreviated as ‘JP’ during live tweeting in the morning session. Realising this was potentially confusing to readers, the abbreviation was changed to JPk and is included below.
Friday 6 October morning - Part 1, Part 2, Part 3 Jo Phoenix evidence under examination by JM continues.
Friday 6 October afternoon - Part 1, Part 2, Part 3 JP evidence continues including second examination by Ben Cooper, KC.
Monday 9th Oct afternoon Part 1, Part 2
Tuesday 10th Oct morning - Part 1 and Part 2
Tuesday 10th Oct afternoon - Part 1, Part 2 and Part 3
Wednesday 11 Oct morning - Part 1, Part 2
Wednesday 11 Oct afternoon - Part 1, Part 2
Thursday 12 October morning - Part 1, Part 2
Thursday 12 October afternoon - Part 1, Part 2
Friday 13 October morning - Part 1, Part 2
Friday 13 October afternoon - Part 1, Part 2, Part 3
Monday 16 October morning - Part 1, Part 2
Monday 16 October afternoon - Part 1, Part 2
Tuesday 17 October morning - Part 1, Part 2
Tuesday 17 October afternoon - Part 1, Part 2
Wednesday 18 October morning - Part 1, Part 2
Wednesday 18 October afternoon - Part 1, Part 2, Part 3
(Did not sit on Thursday 19 October)
Friday 20 October morning - Part 1, Part 2
Friday 20 October afternoon - Part 1 (only)
Abbreviations
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
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
KS - Kevin Shakesheff, Pro-Vice-Chancellor (Research & Innovation):
IF - Professor Ian Fribbance
CW - Chris Williams, Senior Lecturer History
CT - Catherine Tomlinson, Senior Student Advisor
DD - Dr Deborah Drake, Senior Lecturer Criminology, Head of SPC 2018-21
LW - Louise Westmarland, Prof of Criminology, Co-Deputy Head SPC, 2018-21, Current Head SPC
LD - Dr Leigh Downes, Senior Lecturer in Criminology (in SPC), Academic Lead for EDI FASS 2019-21
PB - Dr Paraskevi Boukli, Former Senior Lecturer Criminology, Deputy Head SPC 2021-22
MW - Prof Marcia Wilson, Dean EDI, 2020-23
CM - Caragh Molloy, Group People Director 2019-23
JD - John Domingue, Prof of Computing Science, Director KMi, 2015-22
PK - Peter Keogh, Professor Health & Society, Member RSSH
CW - Dr Christopher Williams, Senior Lecturer History
SD - Shaun Daley, Head OU’s Resourcing Hub. Head Strategic Resources, Co-Chair OU’s LGBT+ Staff Network
HBC - Helen Bowes-Catton, Lecturer Social Research Methods
NS - Nicola Snarey, Assoc Lecturer Eng Language
NatS - Natalie Starkey, Outreach & Public Engagement Officer Sch Physical Sciences, 2019-22
CT - Cath Tomlinson, Senior Student Advisor
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
Witness for JP:
SE - Sarah Earle, Prof of Medical Sociology, Director HWSRA 2016-22
Other abbreviations
CCJS - Centre for Crime & Justice Studies
RG - Richard Garside, Director of CCJS
SW - Stonewall
JPk - Dr. Jon Pike, OU Senior Lecturer in Philosophy and Staff Tutor
FOS - Freedom of Speech
MF - Maya Forstater, claimant in case where judgment deemed GC beliefs of Worthy of Respect in A democratic society, AKA WORIADS
RR - Reindorf Report
AF - Academic freedom
Press Coverage
Here are links to a selection of relevant press coverage about this case. These links are included without comment and are not endorsed by Tribunal Tweets. This is a sample of coverage only, with most recent first - it is not comprehensive. Please DM our main Twitter account to submit coverage from an established news outlet. Any paywalled article must be archived.
5 Feb 2024
Times Higher Education - What can academics and universities learn from Jo Phoenix case?
4 Feb 2024
Observer - Stand up to the bullies
3 Feb 2024
2 Feb 2024
Times Higher Education - The Jo Phoenix case shows the perils of academic mobbing
The Guardian - Gender-critical beliefs under the microscope
1 Feb 2024
The Times - Annie Powell on her career and acting for professor over gender-critical views
29 Jan 2024
Times higher education - Jo Phoenix: ‘every single v-c should read this judgment’
Observer - Vindictive, cowardly leaders bowed to the gender bullies and failed Jo Phoenix
People management - What does gender-critical university professor’s tribunal victory mean for employers?
27 Jan 2024
The Telegraph - Prof Jo Phoenix: character assassination in Open University tribunal ‘like my rape case all over again’
26 Jan 2024
The Times - Mean Girls has nothing on the malice of academia
Times Higher Education - Open University won’t appeal Jo Phoenix ruling
24 Jan 2024
Binary - Professor Jo Phoenix wins unfair dismissal case
23 Jan 2024
The Critic - A Phoenix rises
Spiked - Jo Phoenix has struck a blow for biological reality
The Times - Open University academic wins tribunal over gender-critical views
Basildon Echo - Essex Uni trans row: Jo Phoenix unfairly dimissed by Open University
[AUDIO] BBC Woman's Hour - Prof. Jo Phoenix on winning her employment tribunal against Open University
Solicitors Journal - Prof Jo Phoenix wins landmark case against Open University
Personnel Today - Professor wins gender-critical belief case
Irish Times - Professor with gender critical views wins unfair dismissal claim
Reaction - Open University academic wins tribunal over gender-critical views
Colchester Gazette - Jo Phoenix unfairly dismissed by Open University after Essex Uni row
22 Jan 2024
The Telegraph - Open University ‘feared’ being seen to support gender-critical academic
Guardian - Open University academic wins tribunal case over gender-critical views
Unherd - Jo Phoenix wins tribunal case over gender-critical views
26 Oct 2023
The Critic - The limits of academic freedom
3 Oct 2023
OU students association - Support for students during the Jo Phoenix Employment Tribunal
2 Oct 2023
Open University News - Employment Tribunal statement from The Open University
28 Aug 2023
The Spectator - What went wrong at the Open University?
10 Dec 2022
The Telegraph - Lecturers face backlash as report could encourage silencing of gender-critical speakers on campus
11 May 2022
Inside Higher Ed - Britain’s Largest Academic Union Divided by Transgender Issues
13 Dec 2021
[VIDEO] Free Speech Nation - Professor Jo Phoenix resigns from Open University post after row about gender critical comments
4 Dec 2021
The Times - Jo Phoenix, academic likened to racist for her trans views, resigns from Open University
3 Dec 2021
The Telegraph - Professor ‘vilified’ over accusations of transphobic views quits Open University
7 Nov 2021
[VIDEO] Free Speech Nation - Professor Jo Phoenix harassed and bullied over transgender issues
4 Nov 2021
The Telegraph - ‘My colleague compared me to a racist uncle at the dinner table for my views on gender’
19 Oct 2021
The Telegraph - Open University professor ‘shunned’ for ‘transphobic’ views set to take legal action
5 July 2021
Economist - A backlash against gender ideology is starting in universities
22 May 2021
19 May 2021
The Spectator - Stonewall and the silencing of feminist voices at universities
BBC - University of Essex apologises to professor over trans-rights cancellation
Southend News - Essex University trans rights row: University acted 'unlawfully'
18 May 2021
7 Dec 2019
Sunday Times - Trans rights activists halt gender debate at Essex University
16 Oct 2018
The Guardian - Academics are being harassed over their research into transgender issues