Gender critical discrimination case
Tuesday, August 6th, 2024On 22 January 2024 an Employment Tribunal found that Prof Jo Phoenix was discriminated against and harassed by her employer, the Open University, because of her gender critical beliefs. See here https://www.judiciary.uk/wp-content/uploads/2024/01/Joanna-Phoenix-v-The-Open-University-Employment-Tribunal-Reserved-Judgment.pdf Prof Phoenix also succeeded in her claim for constructive dismissal.
There are transcripts here: https://tribunaltweets.substack.com/p/professor-jo-phoenix-v-the-open-university
The Watford Employment Tribunal ruled that:
• Jo Phoenix holds protected gender critical beliefs, meaning that she believes that biological sex is real, that it matters, that it is not possible for someone to change their biological sex, and that biological sex should not be conflated with the gender identity.
• The OU directly discriminated against Prof Phoenix, treating her less favourably because of her gender critical beliefs.
• Prof Phoenix was harassed by her colleagues and by OU management in relation to her beliefs.
• Prof Phoenix was constructively dismissed by the OU.
• The OU victimised Prof Phoenix after she was dismissed.
Jo Phoenix was employed as an OU Prof of Criminology from 1 August 2016. In June 2021, she was one of those who established the Gender Critical Research Network at the OU, a research group focused on the importance of sexed bodies in different academic disciplines. 368 OU staff signed a public letter calling for the group to be disaffiliated from the OU. There were allegations of transphobia. Discrimination and harassment was experienced by Prof Phoenix and she left the OU on 2 December 2021. She issued a statement: https://jophoenix.substack.com/p/my-resignation-letter?r=mt0ab&utm_campaign=post&utm_medium=web&triedRedirect=true The OU issued a statement: https://openuniv.sharepoint.com/sites/oulife/Pages/Resignation-of-Professor-Jo-Phoenix-.aspx
Rulings from the judgement were:
• The complaints of direct discrimination because of the Claimant’s gender critical beliefs are well founded.
• The complaints of harassment related to the Claimant’s gender critical beliefs are well founded.
• The Claimant’s complaint of constructive unfair dismissal is well founded.
• The Claimant’s claim for wrongful dismissal is well founded.
• The Claimant’s claim for post employment victimisation is well founded.
• The Claimant’s claim for post employment harassment is well founded.
The case received considerable publicity. For example: https://www.theguardian.com/world/2024/jan/22/open-university-academic-wins-tribunal-case-over-gender-critical-views The VC issued a statement. https://openuniv.sharepoint.com/sites/oulife/Pages/OU-statement-on-employment-tribunal-ruling.aspx
Others commented, for example: https://sex-matters.org/posts/publications/learning-from-the-jo-phoenix-case/
In March 2024, Professor Phoenix announced that she had agreed a compensation settlement with the Open University. The amount to be paid was not disclosed. https://www.personneltoday.com/hr/open-university-agrees-settlement-in-gender-critical-belief-case-ou-phoenix/
The OU Council commissioned an independent review of the key issues raised in the ruling. See https://openuniv.sharepoint.com/sites/oulife/Pages/Independent-Review-Announcement–.aspx