Joanna Phoenix brought claims of discrimination and unfair dismissal against The Open University. The tribunal found that several of her claims succeeded, including direct discrimination, harassment and constructive unfair dismissal. This judgment decided whether the claims succeeded; it did not decide compensation.

The tribunal found that Joanna Phoenix was employed as a Professor by The Open University from 1 August 2016 until 2 December 2021. The tribunal stated, "The claim arises out of the Claimant's stated gender critical beliefs." The tribunal found that the claimant's gender critical beliefs were not publicly known until she signed an open letter on 16 October 2018.
The tribunal heard that there was hostility toward gender critical beliefs from a section within HERC. The tribunal found that Dr Downes used the term transphobic as an insult in respect of gender critical views. The tribunal also found that Dr Downes had asked Dr Drake to take punitive measures against the claimant for signing a letter in the Sunday Times.
According to the tribunal's findings, Professor Westmarland told the claimant that having her in the department was like having a racist uncle at the Christmas dinner table. The tribunal also found that the creation of an Open Letter was a co-ordinated activity. This letter was circulated to pressure the university to disaffiliate the OU Gender Critical Research Network (GCRN).
The tribunal found that the claimant was interviewed on the Savage Minds podcast by Julian Vigo on 21 May 2021. Following the launch of the GCRN on 16 June 2021, the tribunal heard that the claimant reported receiving death threats on 18 June 2021.
This judgment decides liability: whether the claims succeed. It does not decide compensation. The tribunal found that the complaints of direct discrimination because of the claimant's gender critical beliefs under issues 2(c) and 2(d) were well founded. The tribunal also found that the complaints of harassment related to those beliefs under issues 2(a), 2(e), 2(g), 2(h), 2(i), 2(j), 2(k), 2(l), 2(m), 2(n), 2(o), 2(p), and 2(r) were well founded.
The tribunal found the claimant's claims for constructive unfair dismissal and wrongful dismissal were successful. The tribunal also found that the claims for post-employment victimisation and post-employment harassment under issue 2(k) were successful. Additionally, the tribunal found the post-employment victimisation claim in respect of issue 2(s) was well founded.
Not all claims were successful. The tribunal found that the claim for indirect discrimination was withdrawn. The tribunal also found that the claims for direct discrimination or harassment under issue 2(b) and issues 2(f), 2(q), and 2(s) failed. Finally, the tribunal found that the post-employment discrimination claim under issue 2(s) failed.
This case shows how employment law can protect workers who hold specific beliefs. It demonstrates that employees may be protected from being treated poorly or being forced to resign because of their views.
The outcome highlights that all workers, regardless of their professional level, are entitled to legal protections in the workplace. It shows that the law can address issues such as harassment and victimisation.
Anyone with a problem at work can get free, impartial advice from Acas.
Case numbers: 3322700/2021, 3323841/2021
Claimant: Joanna Phoenix
Respondent: The Open University
Tribunal: Employment Tribunal, Watford (Employment Judge Young)
Decision date: 22 January 2024
Read the full decision on GOV.UK
Topics: breach of contract, religion or belief discrimination, sex discrimination, unfair dismissal, gender critical beliefs, discrimination
This report explains a published tribunal decision in plain English. It is general information, not legal advice.
Contains public sector information licensed under the Open Government Licence v3.0.
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