Prof Jo Phoenix wins gender critical discrimination case against Open University

In a judgment handed down on Monday 22 January 2024, 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 Open University (“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. 

Prof Phoenix was employed as Prof of Criminology by the OU from 1 August 2016 until she was constructively dismissed on 2 December 2021. Her areas of research included prostitution, child sexual exploitation, youth justice, and prisoner placement policy. 

Prof Phoenix was employed as Professor of Criminology by the OU from 1 August 2016 until she was constructively dismissed on 2 December 2021. Her areas of research included prostitution, child sexual exploitation, youth justice, and prisoner placement policy. 

In June 2021, Prof Phoenix established the Gender Critical Research Network at the OU, a research group focused on the importance of sexed bodies in different academic disciplines. 

In response, Prof Phoenix’s colleagues launched a hostile public campaign, with over 360 signing a public letter condemning her research group and calling for it to be disaffiliated from the OU. 

Prof Phoenix’s colleagues made baseless public allegations of transphobia, accused her and her colleagues of bad faith and of deliberately trying to provoke trans communities in setting up the research group, and implied that her group put human lives at risk. 

Other acts of discrimination and harassment experienced by Prof Phoenix during her career included being compared to a racist uncle because of her beliefs and being instructed by her head of department not to speak about her research in her own department. 

The tribunal found that the OU failed to protect Prof Phoenix from attacks by her colleagues for fear of being seen to support the claimant’s gender critical beliefs. 

Prof Jo Phoenix said: 

"I am delighted that the tribunal found in my favour. It was an exceptionally painful part of my career but I am glad for the win. Universities must act to protect their gender critical staff. As the tribunal agreed, accusations of transphobia just because someone holds gender critical views, organising and publishing open letters with the intent of creating a hostile environment, are unlawful forms of harassment. Academics and universities must now, surely, recognise their responsibilities towards promoting diversity of viewpoints and tolerance of alternative views." 

Leigh Day partner Annie Powell represents Prof Jo Phoenix. 

Annie Powell said: 

“The OU failed to protect Jo from serious discrimination and harassment by colleagues who did not want her research group to exist as part of the OU. We hope we see no further cases of academics being treated so badly because of their protected beliefs.” 

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.