Gender-critical professor wins discrimination case against university

A gender-critical professor has persuaded an employment tribunal that a university harassed and discriminated against her based on her views before unfairly pushing her to resign.

Employment Judge Jennifer Young ruled on 22 January 2024 that Open University professors led a ‘call to discriminate’ against Professor Jo Phoenix by releasing an open letter protesting against her gender-critical research network. The discriminatory letter led to a ‘pile-on’ against Phoenix, Judge Young said.

Phoenix v The Open University (ET/3322700/2021 & 3323841/2021)

The judge said that the university failed to provide a suitable working environment for Phoenix by leaving her exposed to the backlash, which amounted to a breach of the implied term of trust and confidence in her contract and ultimately led her to resign.

The Open University did not protect Phoenix from the ‘negative campaign’ against her after she launched her research network because it ‘did not want to be seen to give any kind of support to academics with gender critical beliefs’, the judge said.

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