Sexual Orientation

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

Definition

Sexual orientation is whether a person’s sexual attraction is towards their own sex, the opposite sex or both sexes.

The Open University is committed to removing barriers for everyone, regardless of sexual orientation. OU benefits are inclusive of LGBT+ people and couples.

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Equality Law

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

Protected characteristic

Sexual orientation is a protected characteristic under the Equality Act 2010.

Protection and functions

Protection is provided against discrimination, harassment and victimisation on the grounds of sexual orientation and applies to employment, education, the provision of goods, facilities and services, the management of premises and the exercise of public functions.

This means protection related to sexual orientation for people seeking work, current and former employees in terms of:

  • Job recruitment.
  • Access to benefits and services.
  • Treatment they receive.

This means protection related to sexual orientation for enquirers, current and past students in terms of:

  • Student registration.
  • Access to benefits and services. Treatment they receive.

Public sector equality duty

Sexual orientation is included in the public sector duty under the Equality Act 2010 which means we have to have due regard to the need to:

  • Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act.
  • Advance equality of opportunity between persons who share a relevant characteristic and persons who do not share it.
  • Foster good relations between persons who share a relevant protected characteristic and persons who do not it.

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (Applies in Northern Ireland)

Prohibits discrimination, victimisation and harassment on grounds of sexual orientation in the areas of employment, and vocational training, including further and higher education.

Section 75 of the Northern Ireland Act 1998 (Applies in Northern Ireland)

The protected characteristic of sexual orientation is subject to the duty placed on public authorities (which includes the OU) to have due regard to the need to promote equality of opportunity:

  • Between persons of different age, religious belief, political opinion, racial group, marital status or sexual orientation
  • Between men and women generally
  • Between persons with a disability and persons without
  • Between persons with dependants and persons without.

This entails more than the elimination of discrimination and requires proactive measures to be taken to ensure equality for people of different racial groups in our policies and decision-making.

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Policy & Guidance

Equality Scheme

Protected characteristic

Sexual orientation is one of the protected characteristics in our Equality Scheme.

Equality, Diversity and Widening Access and Success Action Plan

Actions in our Equality, Diversity and Widening Access and Success 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.  View the monitoring reports 

Student Resources

Open SU connects students with support, resources, opportunities, and each other. 

Staff Networks

The University has a number of staff networks related to sexual orientation:

  • Lesbian, Gay, Bisexual and Transgender Staff Network
  • Equality and Diversity Network.

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

  • Advance HE 
    The Advance HE Knowledge Hub brings together thousands of higher education resources covering a wide range of topics and themes including on equality, diversity and inclusion.
  • Equality and Human rights Commission 
    For information about your rights related to sexual orientation, 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 sexual orientation. 

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image: Serge Bertasius | Freedigitalphotos.com