The full decision of the employment tribunal in the case concerning Jo Phoenix v The Open University has been published.
The tribunal found that Phoenix was discriminated against and harassed because of her gender-critical beliefs – and that she was constructively dismissed.
It wasn’t a comprehensive win – Phoenix both withdrew a claim for indirect discrimination, and also advanced various issues that were “not well founded” and so dismissed.
But put it all together and the lessons for universities are not hugely different to those distributed by legal firms in relation to the Maya Forstater case.
Employers including universities have be mindful of the kind of workplace culture they want to promote, need to strike a fair balance between allowing freedom of speech or opposing beliefs, and need to ensure employees have a safe environment that is free from discrimination and harassment.
Balancing what can feel like competing demands remains complex in practice – and as ever with decisions made by tribunal, no legally binding precedents are set.
