The UK government has formally presented the Equality and Human Rights Commission’s (EHRC) updated draft code of practice for services, public functions, and associations to Parliament, initiating a crucial 40-day period of scrutiny. This move follows a landmark Supreme Court judgment in April 2025, which clarified that for the purposes of the Equality Act 2010, the term "sex" refers to biological sex. The updated code aims to provide clear, workable guidance for organisations navigating the complexities of equality law, particularly in the provision of single-sex services, while also incorporating other significant updates not addressed since the previous iteration in 2011.
Background to the Equality Act 2010 and the Need for Guidance
The Equality Act 2010 is a cornerstone of UK anti-discrimination law, consolidating numerous pieces of legislation into a single framework. Its primary objective is to protect individuals from discrimination, harassment, and victimisation across nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Act applies to various aspects of public life, including employment, education, and the provision of goods and services.
While the Act itself lays down the legal framework, its practical application often requires detailed interpretation. This is where the EHRC’s codes of practice become indispensable. These codes, issued under Section 14 of the Equality Act 2006, provide authoritative guidance on how to comply with the Equality Act 2010. They are admissible in evidence in legal proceedings and courts must take them into account where relevant. The previous code for services, public functions, and associations had remained largely unchanged since its initial publication in 2011, leading to calls for an update to reflect evolving societal understandings and legal interpretations.
The Supreme Court’s Pivotal Judgment and its Impact
A defining moment leading to this update was the Supreme Court’s judgment in April 2025. Although the specific case name was not detailed in the original reporting, the ruling unequivocally stated that for the purposes of the Equality Act 2010, "sex" means biological sex. This judgment had profound implications for the interpretation of the Act, particularly concerning the provision of single-sex services and spaces.
Prior to this ruling, there had been considerable debate and legal uncertainty surrounding the interplay between the protected characteristics of "sex" and "gender reassignment." Activists and legal scholars held differing views on whether "sex" should be interpreted as assigned sex at birth or as a broader concept encompassing gender identity. The Supreme Court’s decision provided a definitive legal clarification, asserting that the Act’s provisions relating to sex are grounded in biological reality. This clarification was widely seen as a response to the increasing demand for guidance from service providers grappling with how to balance the rights and needs of different groups, especially regarding access to women-only or single-sex spaces such as changing rooms, toilets, refuges, and sports facilities. The judgment underscored the importance of legal certainty in an area often marked by strongly held, divergent views.
Key Updates in the Draft Code of Practice
The newly drafted code incorporates several significant changes designed to bring the guidance up-to-date with current legal understanding and societal needs. The most prominent of these, stemming directly from the Supreme Court judgment, pertains to the definition of sex and its implications for gender reassignment.
- Clarification on Sex and Single-Sex Services: The core update clarifies that services can, under specific circumstances, lawfully restrict access based on biological sex. This means that providers of services can, for example, designate certain spaces or services exclusively for biological women, such as domestic violence shelters, changing rooms, or toilets, where it is a proportionate means of achieving a legitimate aim. The code provides guidance on when such restrictions are permissible and how to navigate the interaction with the protected characteristic of gender reassignment. It aims to empower organisations to make "practical, and ultimately sensible decisions for everyday scenarios," as highlighted by the Office for Equality and Opportunity, ensuring they can protect and serve the needs of various groups within society. This guidance is particularly relevant for sectors like healthcare, sports, and charitable organisations that often provide segregated services.
- New Protections for Menopause: A significant addition is the introduction of new protections for women whose menopause has a significant impact on their everyday life. While menopause itself is not a protected characteristic under the Equality Act, its symptoms can amount to a disability or can be the basis for sex discrimination if women are treated unfavourably due to their menopausal status. The updated code is expected to provide clearer guidance on how employers and service providers should accommodate and support women experiencing severe menopausal symptoms, ensuring they are not disadvantaged. This reflects a growing awareness and advocacy for better support for women experiencing menopause, which can have profound effects on health, wellbeing, and participation in public life.
- Updates Reflecting Same-Sex Marriage Legislation: Since the last update in 2011, significant legislative changes have occurred, notably the introduction of same-sex marriage in the UK. The new code reflects these changes, ensuring that its guidance is consistent with the current legal landscape concerning marriage and civil partnership as protected characteristics. This update ensures that individuals in same-sex marriages or civil partnerships receive the same protections against discrimination as those in opposite-sex marriages.
- Protection for Breastfeeding Women: The code also clarifies that women who breastfeed are protected from harassment. This strengthens existing protections for pregnant women and new mothers, ensuring that public and service providers understand their obligations to prevent harassment related to breastfeeding. This move supports the right of women to breastfeed in public without fear of discrimination or harassment, promoting a more inclusive environment for mothers and babies.
- Other General Updates: Beyond these specific points, the code has undergone a comprehensive review to ensure all sections are current, relevant, and provide the most accurate interpretation of the Equality Act 2010 in light of legal developments and societal shifts over the past 15 years.
The EHRC’s Extensive Consultation Process
The development of this updated code was not an overnight process but the result of extensive work by the EHRC, Britain’s independent equality regulator. Dr. Mary-Ann Stephenson, EHRC Chair, emphasised the rigorous process: "This is a major milestone in the process of ensuring that accurate statutory guidance on the Equality Act 2010 is available to all those who need it."
Over the past 18 months, the EHRC conducted two public consultations to gather feedback on proposed changes. These consultations are vital for ensuring that the guidance is not only legally sound but also practical and reflective of the experiences and concerns of various stakeholders, including service providers, individuals, and advocacy groups. The EHRC stated that it received a wide range of feedback, reflecting "strongly held views throughout our society about how the law should balance the rights of different people." This feedback, along with extensive legal analysis and comments from the UK government, informed the final draft.
In a commitment to transparency, the EHRC has also published detailed reports on these two consultations, explaining how feedback was incorporated into the code and, where it was not, providing clear justifications. Minutes of its board meetings related to the code’s development have also been made public. This level of detail is intended to support parliamentarians in their scrutiny of the draft code, allowing them to understand the rationale behind the decisions made.
Parliamentary Scrutiny and Implementation Timeline
With ministerial approval already secured, the draft code now faces a crucial 40-day period of parliamentary scrutiny. During this time, Members of Parliament in both the House of Commons and the House of Lords will have the opportunity to review the document in detail, raise questions, and debate its contents. This period is vital for ensuring democratic oversight and for addressing any remaining concerns from constituents or legal experts.
If Parliament does not reject the code within this 40-day window, the government will then proceed to set a date for it to officially come into force. Once in effect, the updated code will become the statutory guidance that all services, public functions, and associations are expected to follow. The Office for Equality and Opportunity has advised that organisations should continue to follow the law as clarified by the Supreme Court and, if needed, seek specialist legal advice, even before the code officially comes into force.
Official Reactions and Broader Implications
Minister for Women and Equalities, Bridget Phillipson, welcomed the laying of the code before Parliament, stating, "The Equality Act enshrines our rights in law so that people can live free from discrimination and harassment. Our focus has always been making sure organisations have clear, accessible guidance on how to implement the law." She thanked the EHRC for their work, reiterating the government’s commitment to upholding people’s rights.
Dr. Mary-Ann Stephenson, EHRC Chair, underscored the importance of the update for providing clarity, particularly in the wake of the Supreme Court judgment. "We know that the Supreme Court’s judgment last year, on the definition of sex in the Equality Act, increased demand for guidance. As well as advice on the lawful provision of single-sex services, the code provides guidance across the protected characteristics and gives up-to-date examples of how the Equality Act applies to everyday situations." She stressed that the EHRC’s role is not to make law but to provide impartial guidance to help duty-bearers comply with it.
The implications of this updated code are far-reaching. For service providers, it offers a clearer legal framework for making decisions about single-sex spaces and services, potentially reducing the risk of legal challenges based on ambiguous interpretations. Organisations will need to review their policies, staff training, and physical provisions (such as toilet and changing room designations) to ensure compliance. The emphasis on "pragmatic approach" suggests a desire for realistic implementation rather than rigid, impractical rules.
For individuals, the code aims to provide greater certainty about their rights and protections under the Equality Act. Women, in particular, may find increased confidence in the legal basis for single-sex provisions and protection from harassment related to breastfeeding and menopause. However, groups advocating for transgender rights may express concerns about how the clearer definition of biological sex impacts the inclusion and access to services for transgender individuals, particularly trans women. The EHRC’s role in balancing "strongly held views" while adhering to legal accuracy will continue to be a subject of public and political discourse.
Looking ahead, the EHRC has confirmed that while this code focuses on services, public functions, and associations, it will "update its guidance for employers in due course to reflect developments in the law." This phased approach suggests that further clarifications and updates relevant to the workplace environment are anticipated, building on the principles established in the services code. The prioritisation of the services code was due to a wider update to that guidance already being in progress when the Supreme Court judgment necessitated immediate revisions concerning the definition of sex.
The parliamentary scrutiny period represents a critical juncture for this updated code. Its passage will mark a significant moment in the ongoing national conversation about sex, gender, and equality, providing a refreshed legal compass for organisations across the UK.
