Professor Jo Phoenix v The Open University

Academia and gender critical beliefs

Oct 02, 2023

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

Reindorf Report

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

Prof. Jo Phoenix's Statement on Twitter/X

Excerpts from Judgment

In response to the person who compared Prof. Jo Phoenix to a ‘racist uncle’

You cannot discriminate against someone because they believe sex is real, immutable and important.

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 morning

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

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