Phillipson: Updated EHRC code 'does not apply to workplaces'

Bridget Phillipson has said the Equality and Human Rights Commission's updated code of practice 'does not apply to workplaces'.

The women and equalities minister made the comment during a meeting yesterday with Jennifer Melle - the London nurse who had faced dismissal after misgendering a trans patient at a London NHS hospital - and health minister Karin Smyth.

The EHRC submitted its revised code of practice for service providers, associations and public functions to the government five months ago, but the guidance has not yet been laid before Parliament.

Asked about the delay, Phillipson said: "There's no delay, it's just the process that we are following. I do want to get that good practice out there into the world. What I would say, however, is the code of practice, applies to services and associations. It doesn't apply to the workplace regulations. So that really is a matter for the NHS… and how they intend to uphold their responsibilities as an employer."

Following the Supreme Court's landmark ruling last April that sex in the Equality Act 2010 means biological sex, employers have been awaiting updated guidance on policies for single-sex spaces. The equality watchdog has said that duty bearers, including service providers and employers, should not wait for an updated code of practice to be published to comply with the law.

Melle, 41, is being supported in her case against Epsom and St Helier University Hospitals NHS Trust by the Christian Legal Centre. She was reinstated by hospital management last month after a nine-month suspension for talking to the media about her treatment.

She said: "I am thankful to have had the opportunity to speak to the government about my case. I was alarmed to hear that the long-awaited EHRC guidance does not apply to workplaces, however. The government needs to be transparent and someone in authority has to take decisive action.

"I, and nurses across the country, need urgent action from the government so that no nurse has to go through what I have. I really hope Ms Phillipson will listen to me, understand what I have been through, and will take decisive action to protect NHS frontline workers."

Andrea Williams, chief executive of the Christian Legal Centre, said: "Unclear and unlawful policies have led directly to cases like those of Jennifer Melle, the Darlington nurses, and Sandie Peggie.

"The system is simply not fit for purpose, and no one in authority seems willing or able to take decisive action. In the meantime, it is ordinary, courageous nurses on the NHS front line who pay the price."

An EHRC spokesman said: "We have been clear that we submitted the code of practice for service providers, associations and public functions to the government at the beginning of September 2025.

"This was part of a major, two-year 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 April 2025, some additional sections required further revision.

"While we are planning to update the employment code of practice in due course to reflect developments in the law including the Supreme Court's judgment, as well as other non-statutory guidance for employers, we have also been clear that our priority was to revise the relevant sections of the services code of practice - as a wider update to that guidance was already under way before the Supreme Court's judgment.

"We have repeatedly said that duty-bearers - including service providers and employers - should not wait for the code of practice to be published to make any changes needed to comply with the law. They must assure themselves of their legal responsibilities in their own specific circumstances and seek independent legal advice where necessary."

A government spokesman said: "The EHRC has submitted a draft code of practice for services, public functions and associations to ministers, and we are reviewing it with the care it deserves. We have always been clear that this code will not apply on employment, which is why we have said that employers should be following the law and updating their guidance in line with the ruling."