EHRC submits updated code of practice for services, public functions and associations to Minister for Women and Equalities

The guidance will be considered by the UK government, which is now responsible for the document progressing through Parliamentary approval.

The updated guidance follows two consultation processes, which asked how the regulator could make its guidance clearer.

The first consultation ran for three months in late 2024 and sought views on updates to the whole code of practice, covering all nine protected characteristics.

Following the UK Supreme Court ruling on the meaning of sex in the Equality Act in April 2025, the EHRC launched an additional six-week consultation on proposed updates to sections impacted by the ruling.  

The EHRC said: “In this consultation alone the EHRC heard from over 50,000 organisations, legal professionals and individuals across England, Scotland and Wales. 

“Responses were analysed with robustness, accuracy and speed to produce guidance that provides clarity to service providers, associations and public functions on their legal obligations.”

In July this year, the Court of Appeal refused to grant civil liberties organisation Liberty permission to bring a legal challenge against the EHRC over the lawfulness of its consultation on the updated Code of Practice.

The organisation argued that the equalities watchdog had failed to give individuals and businesses a lawful amount of time to respond to the consultation.

However, permission to challenge the consultation process was refused by the High Court and later the Court of Appeal.

Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said: “Over the past two years the EHRC has undertaken a major project to update the entire statutory code of practice, which was published in 2011, to reflect over ten years of new legislation. Following the Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers in April, some additional sections required further revision.  

“We have now submitted an updated draft of the code to the Minister for Women and Equalities. The government is responsible for laying it before Parliament. Once Parliament has considered its content, I look forward to the EHRC publishing this guidance, fulfilling our statutory role to provide clear information that protects everyone's rights under the Equality Act 2010.  

“We have been clear that service providers, associations and public functions should not wait for the code of practice to be published to make any changes needed to comply with the law. As duty-bearers they must assure themselves of their legal responsibilities in their own specific circumstances and seek independent legal advice where necessary.”  

Following ministerial approval, the UK Government must lay the draft code before Parliament for 40 days before it can be brought into force.

Lottie Winson