Marriage/ Civil Partnership

  1. Definition
  2. Equality Law
  3. Policy & Guidance
  4. OU Resources
  5. External Resources

Definition

2 people pointing at the skyMarriage is a union between a man and a woman or between a same-sex couple. 

Same-sex couples can also have their relationships legally recognised as 'civil partnerships'. Civil partners must not be treated less favourably than married couples (except where permitted by the Equality Act).

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Equality Law

Equality Act 2010 (Applies in England, Scotland and Wales)

People who are married or in a civil partnership are protected against discrimination. The status of being unmarried or single is not protected.

This characteristic applies in employment but does not apply in the provision of education.

This characteristic is subject to the first arm of the public sector equality duty — to have due regard to the need to eliminate discrimination, harassment, victimisation and any other prohibited conduct.

Northern Ireland (Executive Formation) Act 2019 (Applies in Northern Ireland)

This law prohibits discrimination and harassment on grounds of marital and civil partnership status i.e. protects people who are married or in a civil partnership. This applies in the field of employment but not education.

Section 75 of the Northern Ireland Act 1998

Same-sex marriage in Northern Ireland became legal on 13 January 2020.

The protected characteristic of marital status (being married or being a civil partner) is subject to the duty to have due regard to the need to promote equality of opportunity. This entails more than the elimination of discrimination and requires proactive measures to be taken to ensure equality for people who are married or are a civil partner in our policies and decision-making.

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Policy & Guidance

Equality Scheme

Protected characteristic

Marriage and civil partnership status is one of the protected characteristics within our Equality Scheme 

Equality action plan

Actions in our Equality, Diversity and Widening Participation Action Plan set out our plans to achieve our equality objectives and widening access and success strategy priorities.

Recruitment Guidance

The University’s Effective Recruitment and Selection Guide for selectors provides practical advice on fair, efficient and effective practice in the recruitment and selection of all categories of staff, in line with our equality and diversity policies. OU staff can view the guide on the Human Resources intranet site

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OU Resources

Monitoring

Equality and diversity annual report

The University’s Equality and Diversity Annual Report provides information about significant achievements and developments in the past year. It provides insights on our work to mainstream equality across all our functions and on specific projects and activities that aim to advance equality as well as promote and foster good relations. View the reports 

Monitoring reports

We publish reports annually that provide comprehensive monitoring information, including data tables and charts related to governance, staff and students, across a wide range of participation and progress indicators at an institutional level. 

We do not monitor staff and students by marriage and civil partnerships but we do monitor by gender and sexual orientation. View the monitoring reports 

Employee Assistance Programme

OU staff have access to the Employee Assistance Programme (EAP) which is a support/counselling service provided by Wisdom Health Assured for the OU. The EAP covers a range of issues such as sickness, family issues, finances etc.

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External Resources

Equality and Human rights Commission 
For information about your rights related to Marriage/Partnership, browse under 'Human Rights'.  For guidance for education providers and information about the public sector equality duty, browse 'Guidance for Public sector'.

Equality Commission for Northern Ireland 
Browse under ‘NI equality legislation' (scroll down to bottom of page) for information about equality law related to Marriage/Partnership. 

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