The Equality and Human Rights Commission has submitted its updated code of practice for services, public functions and associations for approval by Parliament. 

As we discussed previously here, the EHRC had attracted significant controversy after it announced plans to introduce amendments to the Code following the judgment in For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16. There, the Supreme Court ruled that, for the purposes of interpreting the Equality Act 2010, references to “woman”, “man” or “sex” referred to biological sex.  

The updated Code makes for essential reading for organisations who were unsure where they stood following the Supreme Court’s ruling. It contains a number of important changes, including those to its sections concerning competitive sport and separate and single-sex services for men and women (including guidance on changing rooms and toilets).  

Whilst the EHRC is clear that the Code does not impose legal obligations or constitute an authoritative statement of the law, it can be relied on in legal proceedings brought under the Equality Act, and courts and tribunals must take into account any part of the Code that appears to them relevant to any questions arising in proceedings.  

Following ministerial approval, the draft Code must be laid before Parliament for 40 days before it can be brought into force. However, commenting on the new Code, the Chair of the EHRC, Baroness Kisher Falkner, said: “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.” 

To read the updated Code in full, click here.