Summary of the EHRC Updated Equality Act Code of Practice

Overall Purpose

The document explains proposed updates to the Equality and Human Rights Commission (EHRC) Code of Practice for Services, Public Functions and Associations under the Equality Act 2010.

The original Code dated from 2011, and the update reflects:

• major legal developments since then
• new case law
• clarification of rights and duties
• especially the implications of the UK Supreme Court ruling in For Women Scotland v Scottish Ministers (2025)

The revised Code is intended to:

• help organisations comply with equality law
• clarify how protected characteristics interact
• guide service providers, associations and public bodies
• support compliance with the Public Sector Equality Duty (PSED)

The EHRC conducted:

• a first consultation (2024–25) with about 500 responses
• a second consultation after the FWS ruling with roughly 50,000 responses

Main Themes Across the Document

1. Legal clarity is the dominant objective

Throughout the document, the government and EHRC repeatedly stress:

• the Code must accurately reflect current law
• even where this creates difficult outcomes or tensions

The updated guidance prioritises:

• legal certainty
• clearer operational guidance
• reducing litigation risks for organisations

2. Major impact of the For Women Scotland ruling

The single most significant change concerns the interpretation of:

• sex
• gender reassignment
• single-sex services

The updated Code states:

• “sex” in the Equality Act means biological sex
• a Gender Recognition Certificate (GRC) does not change sex for Equality Act purposes

This affects:

• sports participation
• single-sex spaces
• women-only organisations
• hospital wards
• changing rooms
• refuges
• associations

The Code now provides detailed guidance on:

• when trans people may lawfully be excluded from sex-based services
• how proportionality should be assessed
• when alternative provision should be considered

3. Tension between protected characteristics

A major theme is that rights can conflict.

The document repeatedly discusses balancing:

• sex-based protections
• gender reassignment protections
• disability rights
• religion/belief rights

The analysis openly acknowledges:

• these issues are socially divisive
• implementation could worsen tensions between groups

The government assessment says the likely impact on the protected characteristic of gender reassignment is overall negative.

4. Gender reassignment section: major practical consequences

The document identifies several likely impacts on trans people:

Possible exclusion from:

• women’s services
• men’s services
• sports
• associations

This creates risk of:

• “double exclusion”
• involuntary outing
• increased scrutiny/policing of gender presentation
• safeguarding concerns
• reduced access to services

The document also notes:

• organisations may lack resources to create “third spaces” or gender-neutral facilities

At the same time, the guidance stresses:

• trans people remain protected against discrimination
• providers must still act proportionately
• alternatives should be considered where possible

5. Stronger emphasis on women’s single-sex rights

The Code strongly reinforces:

• legality of single-sex services
• women-only associations
• biological-sex-based access rules

Government analysis frames this as supporting:

• women’s dignity
• safety
• privacy
• religious/cultural needs
• domestic abuse services

The annex explicitly states the government position that:

single-sex services should be protected.

6. Disability guidance substantially expanded

The disability section is one of the largest and most detailed updates.

Key additions include:

• recognition of neurodivergence
• long covid
• menopause
• fluctuating conditions
• non-visible disabilities
• anticipatory reasonable adjustments

The Code clarifies:

• disabled people may be treated more favourably
• service providers must actively consider accessibility
• reasonable adjustments are a separate legal duty

However, concerns are raised about:

• disabled toilets potentially becoming “third-space” facilities for trans people
• possible competition for limited accessible facilities

7. Pregnancy and maternity protections clarified

Updates clarify:

• breastfeeding-related harassment may count as sex harassment
• trans men who become pregnant are protected
• pregnancy discrimination protections apply based on biological sex

Overall assessment here is strongly positive.

8. Religion and belief protections updated

The Code reflects recent case law on:

• gender-critical beliefs
• manifestation of belief
• religious exemptions

It explicitly notes:

• gender-critical beliefs are protected philosophical beliefs

The guidance also discusses:

• balancing religious needs with gender reassignment issues
• especially regarding single-sex services

9. Race and ethnicity guidance modernised

Updates include:

• clearer explanations of ethnic origin
• Gypsy and Traveller discrimination examples
• charity restrictions
• immigration-related exceptions

Overall impact assessed as positive.

10. Sexual orientation section remains comparatively limited

The document clarifies:

• harassment protections for sexual orientation are narrower in this context
• however direct discrimination protections still apply

Some same-sex marriage and civil partnership guidance is updated.

Overall Conclusions of the Document

Positive assessments

The document concludes that most updates:

• improve legal clarity
• reflect modern case law
• help organisations comply with the law
• generally advance equality objectives

Positive impacts are identified for:

• age
• disability (mostly)
• pregnancy/maternity
• race
• religion/belief
• sex
• sexual orientation

Negative assessments

The major exception is:

gender reassignment

The government’s own analysis acknowledges likely negative impacts including:

• exclusion
• stigma
• practical barriers
• social tensions
• safeguarding concerns
• gender policing

The document also recognises possible secondary negative effects on:

• disabled people
• gender non-conforming women
• social cohesion between groups

In essence

The revised Code represents:

• a major post-FWS reinterpretation of Equality Act guidance
• a stronger legal emphasis on biological sex
• broader operational permission for sex-based services
• increased complexity in balancing competing protected characteristics

The central political and legal shift is:

from a more identity-based interpretation of sex and gender,
toward a more biologically grounded interpretation for Equality Act purposes.

Full Document