The Open University – an Independent Review

Posted on 1 October 2024 • University news

The Open University has today published, in full, an independent report from Dame Nicola Dandridge. The report is the conclusion of a four-month independent review led by Dame Nicola that was commissioned by The Open University’s Council following the Employment Tribunal brought by Professor Jo Phoenix.

The University Council has accepted the recommendations in the report and has asked the University Executive to move forward with an action plan, taking into account the report’s advice on implementation.

Formerly Chief Executive of the Office for Students, Universities UK and the Equality Challenge Unit, Dame Nicola’s independent review was tasked with considering the consequences of the Tribunal’s findings and making recommendations to assist the OU with:

• Safeguarding academic freedom and freedom of speech at the OU, and how these rights intersect with equality and employment rights and legislation.
• Ensuring difficult and contested matters can be debated in line with the OU’s values.
• How the University manages disagreements where colleagues hold profoundly different and conflicting views.
• Defining, communicating and upholding standards of behaviour expected of and by OU staff through effective policies and practice.

Staff from across the University contributed evidence to the independent review which contains the following recommendations for The Open University:

• The OU Council and Vice-Chancellor’s executive team should discuss and agree a set of underpinning principles regarding free speech, equality and employment rights, that can inform the implementation of this report’s recommendations.
• A working group should be set up to oversee the implementation of the recommendations, reporting through the Vice-Chancellor’s executive team to Council.
• The working group should agree ways forward in areas where there is uncertainty or disagreement on policy or process.
• The OU’s approach to EDI should embrace the full diversity of the OU’s staff and their identities, encourage debate, and continue with its work to review terminology and the role of the staff networks and EDI leads.
• Agreed standards of behaviour should be developed and aligned with the OU’s Values in Action initiative and implemented by way of mandatory training.
• Training to be provided to managers to support them in enforcing expected standards of behaviour and in managing disagreement.
• Involvement of staff groups
• Systems and structures should be put in place to support the promotion of free speech and academic freedom.
• The OU should explore initiatives or projects which would enable it to draw on its experience to take a lead in promoting a culture of encouraging debate and constructive disagreement, in line with its values, both internally and externally.
• The impact of these recommendations should be evaluated.

Responding to the publication of the Independent Review, Professor Tim Blackman, Vice-Chancellor of The Open University said:

“The University made a full and unreserved apology to Professor Phoenix following the Employment Tribunal but we also needed to act on the judgment and change. The University Council has accepted the recommendations in the report and has asked the University Executive to move forward with an action plan, taking into account the report’s advice on implementation. The review gives us valuable learning and insights into how we can and must change. As a university we must ensure that academic freedom and freedom of speech are protected more proactively and that unacceptable behaviours are challenged and corrected whenever and wherever they occur.   

“We have already taken several steps following the tribunal judgment and this review will be an important reference point ensuring the OU remains a place of open thought and scholarly debate in a community that has regard for the wellbeing of everyone.  

“Achieving our mission to be open to people, places, methods, and ideas depends on us all at the OU committing to take forward these recommendations and to treat each other with civility and respect however profoundly we may disagree.”  

Malcolm Sweeting, Pro-Chancellor of The Open University, said:

“We are grateful for Dame Nicola’s work in producing this report following her independent review. The review reflects our commitment to learn from this experience. We will be asking The Open University’s Senior Leadership Team to take forward its findings with a clear plan of demonstrable actions.  

“I would like to thank all the staff who contributed so fully for their insights and their engagement in the review. As the University’s Council we are committed to helping all at the University move forward and deliver the review’s recommendations.”  

Dame Nicola Dandridge, author of the Independent Review, said:

“I would like to thank the many contributors from all parts of the OU who took the time to share their experiences and contribute their views as to how disagreement between staff who hold profoundly different views should be managed, and how contentious matters should be discussed and addressed at the University.  

“These are difficult and challenging issues that the entire higher education sector is grappling with. I hope not only the OU but others across the sector will find the report’s positive recommendations useful.”  

Read the full report here.