The Equality and Human Rights Commission (EHRC) has submitted its updated code of practice for services, public functions and associations to Bridget Phillipson, the women and equalities minister, for approval.
It follows two consultations. The first in autumn 2024 lasted 12 weeks and covered updates on the whole code of practice and all nine protected characteristics. The second took place this summer, following the UK Supreme Court’s landmark ruling on the definition of sex in the Equality Act in April.
The EHRC launched an additional six-week consultation on proposed updates to sections affected by the judgment, relating to transgender people’s access to single-sex spaces and associations.
EHRC code of practice
EHRC acts on policies flouting law on single-sex spaces
Scottish government faces fresh legal action over gender policies
EHRC defends interim update as ‘balance of clarity and speed’
Baroness Kishwer Falkner, EHRC chairwoman, who leaves her post at the end of November, 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 10 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.”
The guidance will be considered by the government, which is now responsible for the document progressing through Parliament.
The EHRC heard from more than 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.
Following ministerial approval, the government must lay the draft code before Parliament for 40 days before it can be brought into force.
Speaking this morning, Baroness Falkner acknowledged it would not be easy for public bodies to turn the guidance into practical rules and guidelines.
She told the BBC: “I think it’s going to be difficult for duty-bearers, service providers, to adapt a ruling which is quite black and white into practical steps according to their own circumstances and their own organisation, which is why we have always emphasised they should take their own advice as well as adhering to our code.”
The draft code of practice, which was consulted on from May to June this year is available here.
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday
HR business partner opportunities on Personnel Today
Browse more HR business partner jobs
