@JanesLittleGirl
You provided a link to an opinion piece by an employment solicitor and the TRA comic barrister RMW. Seriously? The rest of your post is simple bollocks. Why do you think that the EHRC produced this non-interim guidance? Maybe it was raining and the boys and girls at EHRC couldn't go outside to play so they wrote it to pass the time.
Are you seriously asking why the EHRC produce guidance? I mean, if you can't figure that out, you're a few eggs short of a dozen. They are doing their job.
It makes zero difference to the fact that statutory guidance trumps non-statutory guidance. As to why the non-statutory guidance is so flawed, I have no idea.
Which of these arguments are you unable to follow? That where the statutory COP and the non-statutory one conflict you follow the statutory one? That the statutory one has weight in law and the other doesn't?
To become statutory, the code has to be put before parliament. It then has to pass both houses. That's not going to happen with this non-statutory guidance.
https://www.legislation.gov.uk/ukpga/2006/3/section/14