The Equality and Human Rights Commission has launched a consultation on its code of practice for services, public functions and associations, which has been updated in the light of case law and other developments.
The code of practice sets out the steps that should be taken to ensure people are not discriminated against. It has been updated to incorporate the EHRC’s technical guidance on age discrimination (originally published in March 2016) and to reflect the legal understanding set out in the EHRC’s single-sex services guidance, published in April 2022.
The updated code now also reflects significant developments in legislation and case law since it was first published in 2011. These developments include case law relating to the definition of disability and the threshold for a philosophical belief to be protected under the Equality Act.
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The consultation will help ensure it is accurate and accessible, provides clarity to service providers, public bodies and associations on their duties under the Equality Act, and helps them put the code into practice.
EHRC chairwoman Baroness Kishwer Falkner said: “As Britain’s independent equality watchdog, our mission is to ensure people are treated fairly, consistent with the Equality Act.
“People with protected characteristics should not be discriminated against when using any service. However, that doesn’t necessarily mean that service providers need to treat everybody in exactly the same way. In some circumstances, a service may be provided in a different way to meet users’ needs.
“This is a complex area of law, which has evolved significantly since our statutory code of practice was first published, and we appreciate that service providers and legal advisers need help to navigate these challenges.
“That’s why we are updating the code, to reflect and clarify the law as it currently stands. It is intended to be an authoritative guide – so whether you’re a shop owner or the chair of a local sports club; the manager of a bank, a hotel or a hospital; an HR professional or a solicitor – you can be confident that you are upholding everyone’s rights.”
The code explains how the Equality Act 2010 works in relation to the provision of services, public functions and associations. It applies the legal concepts in the Act to everyday situations, with practical examples to illustrate how the law can be used to protect equality.
This will assist courts and tribunals when interpreting the Equality Act and also support lawyers, legal advisers, trade union representatives, HR departments and others who need to advise on the law.
Through its consultation, which closes on 3 January 2025, the EHRC is seeking input from professional advisers, as well as those who use the code of practice. It is asking for views on how easy the updated code is to understand and whether its interpretation of changes to the law and its associated impacts are clearly articulated.
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