EHRC updated code of practice laid before Parliament

The government has laid the Equality and Human Rights Commission's (EHRC) draft updated code of practice for services, public functions and associations before Parliament.

Following the landmark Supreme Court judgment in April 2025, which said that for the purposes of the Equality Act 2010, sex means biological sex, the EHRC draft code's content on sex and gender reassignment has been updated. These changes have been made alongside other updates to the code, which has not been altered since 2011, reflecting changes to legislation and case law.

Having received ministerial approval, Parliament now has 40 days to scrutinise the code. If it does not reject the code, the government will set a date for it to come into force.

The Office for Equality and Opportunity said today that organisations should continue to follow the law as clarified by the Supreme Court, taking specialist legal advice if needed.

It said the draft code gives organisations clear, workable guidance which will enable them to take a pragmatic approach to protecting and serving the needs of our society. Following the EHRC's consultations, the draft code supports providers in ensuring they can make practical, and ultimately sensible decisions for every day scenarios, such as toilet provision.

Minister for women and equalities Bridget Phillipson said: "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.

"I thank the EHRC for their work updating the draft code of practice, and look forward to continuing to work with them to ensure people's rights are upheld across our country."

'We don't make the law'

Dr Mary-Ann Stephenson, EHRC chair, said: "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.

"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.

"Every service provider, public function and association is responsible for making sure they follow the law. As Britain's independent equality regulator, we don't make the law. We provide impartial guidance to help them comply with the Equality Act."

The updated EHRC code of practice applies to services, public functions and associations. The EHRC will update its guidance for employers in due course to reflect developments in the law. Following the Supreme Court's judgment on the definition of sex, the commission said its priority was to revise the relevant sections of the services code, as a wider update to that guidance was already in progress.

Strongly held views

Stephenson added: "We know there are strongly held views throughout our society about how the law should balance the rights of different people. It's our job to issue guidance which clarifies how duty-bearers can meet their obligations under the Equality Act while respecting everyone's rights.

"The updated code was informed by two public consultations, extensive legal analysis and comments from the UK government, to help us ensure that it provides legally accurate, practical guidance that is useful to duty-bearers.

"Parliament now has its chance to consider the full detail of the draft updated code. The feedback we received may reflect what MPs have also heard from their constituents. Where feedback was incorporated into the code, the consultation report published today explains how. Where it was not, we explain why not. The documents we have published today will support parliamentarians as they scrutinise the draft code in the weeks to come."

Other changes include new protections for women whose menopause has a significant impact on their everyday life, updates to reflect legislative changes on same-sex marriage and clarification that women who breastfeed are also protected from harassment.

Updates to the draft code include:

• Clarification that associations can lawfully cater for people who share one protected; or people who share more than one protected characteristic; or people who have one of a combination of protected characteristics.
• Clarification of when different conditions might meet the definition of disability in relation to hidden impairments, fluctuating conditions and neurodiverse conditions, with explanations of reasonable adjustments for disabled people also made clearer.
• Updates to examples relating to indirect discrimination, group disadvantage, discrimination arising from disability and harassment related to age. Additional examples relating to gender reassignment and digital or online scenarios have been provided.
• Clarification of considerations for service providers when deciding whether separate and single-sex services are a proportionate means of achieving a legitimate aim, as well as the circumstances in which mixed-sex services may be necessary and the potential legal implications of providing only mixed-sex services.
• Greater detail on when it may be objectively justifiable for service providers to make enquiries about individuals' sex and how service providers should manage those situations while maintaining compliance with Article 8 of the European Convention on Human Rights (respect for private and family life).
• Clarification of how participation in competitive sporting events can be lawfully restricted based on sex to ensure fairness and safety, as well as considerations for organisers where trans people would be affected.

MPs to question Phillipson and EHRC chair

Sarah Owen, chair of the women and equalities committee and Labour MP, said: "Today's code of practice is overdue and the devil is in the detail and delivery. I first want to extend my support and understanding to trans people who have spent far too long in uncertainty, waiting for confirmation on how they will be able to live out their daily lives in public. For too many though, the damage done to them and to their families in this interim period has been devastating and needless. I fear with expected legal challenges, this hellish limbo will continue.

"We must see improvements in how government departments work with agencies to deliver decisions like this quicker. We will be asking the chair of the EHRC and the minister for women and equalities to answer questions on the revised code of practice at forthcoming women and equalities select committee meetings. These will take place as soon as possible.

"The burden lies with government to explain how it will support our trans community who are vulnerable to hatred and humiliation at work, in education, in leisure activities and public events. Organisations which also want to remain trans inclusive need to receive support on how to do so within the law. In a similar way, those that wish to exclude trans men and women from their spaces also need to know how to do so without breaching individual rights to privacy."

Trans reaction

A statement from TransActual said the updated draft code leaves trans people in the UK today with less rights than they had prior to last year's Supreme Court ruling.

"Not only does this new guidance fail to protect the rights and dignity of transgender people, but appears to have weakened protections for the LGBTQ+ community as a whole. Rather than engage with our community with respect, the government has instead withheld publishing its new code of practice until as late as possible.

"TransActual will continue to fight for equal access to public life for all trans people, and will publish our full thoughts on the new code once we have had the time to properly scrutinise it - something that the government seems keen to avoid."

Stonewall said in a statement: "Many trans+ people have already experienced the damaging impact of policies designed to exclude them and, for far too long, have been at the heart of a toxic culture war. The UK, once a leader, has plummeted in LGBTQ+ equality rankings in Europe over the last decade. Government and all Parliamentarians must take equality seriously.

"For Stonewall, trans+ inclusion is fundamental to our vision of a world where everyone everywhere has equal rights. The Equality Act 2010 exists to protect people from discrimination, enabling us all to live our lives freely and fully.

"The world is more polarised and hostile than ever. We need a clear vision for equality in the UK and a roadmap to get there. We will work with partners across business, civil society, parliament and beyond to ensure every single LGBTQ+ person has equal protection and treatment under the law."

The EHRC has also published reports on the two consultations it has run over the past 18 months, and minutes of its relevant board meetings.

Gender-critical response

Maya Forstater, CEO and co-founder of Sex Matters, told the BBC: "Finally, there are no more excuses for the many public and private sector organisations that said they were 'waiting for guidance' before fixing their unlawful policies.

"The government's long delay in placing the updated code of practice before Parliament was seized on as cover by organisations that preferred to break the law than enrage trans lobby groups.

"The new guidance is long and detailed, but at its heart is a simple principle: 'sex' means what it says - male and female. What people call themselves and how they dress doesn't change their sex."

Nurses react

Bethany Hutchison, president of the Darlington Nursing Union and one of those won their claim of harassment against against an NHS trust over changing room facilities, said the code's publication "must mark the end of delay and denial".

"The NHS and other public bodies should have been following the law, and the Supreme Court's ruling, all along," she said. "'Waiting for guidance' has been used as a smokescreen to avoid making the necessary changes and to prolong the imposition of radical, Stonewall-influenced gender identity policies that have placed both staff and patients in deeply difficult situations. There are now no excuses, no more smoke and mirrors. The law must be followed.

"Frontline nurses have paid a heavy price for speaking up, and in Darlington we have seen first-hand the consequences of institutional failure. We now need urgent, system-wide reform to restore confidence, protect patient dignity, and ensure staff can carry out their duties without fear of reprisal."