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Feminism: Sex and gender discussions

EHRC have suubmitted updated Code of Practice to Phillipson

84 replies

Forresty · 14/04/2026 11:21

Stuff seems to be happening:

On 4 September 2025 the Equality and Human Rights Commission (EHRC) submitted a draft update of its Code of Practice for services, public functions and associations to the Minister for Women and Equalities.

The EHRC recently received feedback on the updated Code from the UK government.

Dr Mary-Ann Stephenson, Chair of the Equality and Human Rights Commission, said:

“Progress is being made towards accurate and up-to-date guidance on the Equality Act 2010 being available to service providers, associations and those exercising public functions.

“The UK government recently provided us with a narrow set of comments on the draft Code of Practice we submitted in September. Having considered this feedback alongside consultation responses and further legal analysis, we have made adjustments where they help the Code provide legally accurate, practical guidance that is useful to duty bearers.

“These aim to strengthen duty bearers’ understanding of the law and how it applies across a range of the scenarios they encounter day-to-day. So that all service users are treated with dignity and respect, in line with the Equality Act.

“Our amended draft services Code of Practice has now been sent for the Secretary of State to approve in advance of it being laid in Parliament.”

https://www.equalityhumanrights.com/media-centre/news/update-code-practice-services-public-functions-and-associations

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SerendipityJane · 14/04/2026 17:09

I think the problem I have is that it is impossible to disprove the assertion that the guidance is really just an excuse for ensuring the law is as complicated as possible to ensure politicians, legal professionals and paid advocates never run out of work, It certainly hasn't benefited anyone else.

But thanks to all who tried 🙏

GenderlessVoid · 14/04/2026 17:01

SerendipityJane · 14/04/2026 16:51

So until the guidance is published, the courts can't enforce the law ?

The courts will still enforce the law. Guidance helps lawyers, employers, service providers and the public understand how the law applies. For example, the guidance often gives examples which are often very helpful but wouldn't be provided in the law itself.

After the guidance is approved, if a court finds that there is a conflict between the legislation and the guidance, the court's interpretation of the legislation, not its interpretation of the guidance, would prevail.

DandelionsintheLawn · 14/04/2026 17:01

SerendipityJane · 14/04/2026 16:56

(broken record)

So if you can enforce the law without the guidance .......

The law says you must not drink and drive - that is the law, if you break it you might kill people and you might also be caught and punished.

The guidance tells you roughly on average how much someone can drink before they are over the limit. Being told how much you can drink is helpful to stop you breaking the law but you still break the law and can be punished even if the guidance didn’t exist or if you are small and petite and go over the limit at a lower level. It is guidance, not the law.

redredblue2 · 14/04/2026 17:00

redredblue2 · 14/04/2026 16:55

Whilst all of this is absolutely disgusting, not all of it is linked to this code of practice for services:

The human impact

The booklet centres the voices of women who have experienced the consequences of this failure.It tells the stories of:

  • a civil servant pushed out after raising concerns about policy compliance
  • NHS staff disciplined for asserting sex-based boundaries
  • women excluded from single-sex spaces — or penalised for objecting when those spaces are breached
  • athletes facing unfair competition or sanctions for speaking out
  • volunteers and carers deemed “unsuitable” for expressing mainstream safeguarding concerns.

To clarify; this is by sex matters. I’m annoyed they’re not being accurate here.

redredblue2 · 14/04/2026 16:58

SerendipityJane · 14/04/2026 16:56

(broken record)

So if you can enforce the law without the guidance .......

It’s wasting time and money that some small businesses really don’t have

larger businesses have legal depts.

iirc there was a list of companies the gov wrote to to warn them of their duties but I’m not sure we ever got to learn who they are.

SerendipityJane · 14/04/2026 16:57

redredblue2 · 14/04/2026 16:56

Yes they can. But it wastes a lot of money and time

That;s never stopped a government before though.

SerendipityJane · 14/04/2026 16:56

DandelionsintheLawn · 14/04/2026 16:52

They can and have enforced the law.

(broken record)

So if you can enforce the law without the guidance .......

redredblue2 · 14/04/2026 16:56

SerendipityJane · 14/04/2026 16:51

So until the guidance is published, the courts can't enforce the law ?

Yes they can. But it wastes a lot of money and time

redredblue2 · 14/04/2026 16:55

Whilst all of this is absolutely disgusting, not all of it is linked to this code of practice for services:

The human impact

The booklet centres the voices of women who have experienced the consequences of this failure.It tells the stories of:

  • a civil servant pushed out after raising concerns about policy compliance
  • NHS staff disciplined for asserting sex-based boundaries
  • women excluded from single-sex spaces — or penalised for objecting when those spaces are breached
  • athletes facing unfair competition or sanctions for speaking out
  • volunteers and carers deemed “unsuitable” for expressing mainstream safeguarding concerns.
DandelionsintheLawn · 14/04/2026 16:52

SerendipityJane · 14/04/2026 16:51

So until the guidance is published, the courts can't enforce the law ?

They can and have enforced the law.

redredblue2 · 14/04/2026 16:52

I’m puzzled as to why SM are writing/ campaigning about things the code doesn’t cover?

They say:

  • workplaces, where employees are not being provided with adequate facilities and face disciplinary action for raising concerns
  • healthcare, where the NHS is continuing to operate based on gender self-ID
  • local services, including leisure centres, refuges, and social care, which are not respecting the law
  • sport, where a two-tier system in some sports protects elite athletes but leaves most women competing against trans–identifying men
  • charities that are still wedded to the idea that “inclusion” means ignoring women’s rights
  • criminal justice and safeguarding systems, where accurate data and risk assessment depend on clarity about sex.

https://x.com/sexmattersorg/status/2042714570091856029?s=46&t=A2fpFNgDRyXF2d6ye97wEA

And yet:

“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”

https://www.personneltoday.com/hr/phillipson-updated-ehrc-code-does-not-apply-to-workplaces/

Sex Matters (@SexMattersOrg) on X

The law is clear: why are women waiting? Why are women protesting around the country #OneYearLater following the Supreme Court judgment? Read how the government's delay in acting to follow the Equality Act is harming women and girls. https://t.co/m...

https://x.com/sexmattersorg/status/2042714570091856029?s=46&t=A2fpFNgDRyXF2d6ye97wEA

SerendipityJane · 14/04/2026 16:51

GenderlessVoid · 14/04/2026 16:41

The 1992 Health and Safety Regulations are one example.

https://www.hse.gov.uk/pubns/books/l24.htm

Here are some business regulations

https://www.gov.uk/guidance/business-regulation-guidance-and-tools

financial

https://handbook.fca.org.uk/home

So until the guidance is published, the courts can't enforce the law ?

OpheliaWitchoftheWoods · 14/04/2026 16:49

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

TheywontletmehavethenameIwant · 14/04/2026 16:34

SerendipityJane · 14/04/2026 16:03

No. That's the law.

And all any subsequent "guidance" has achieved is to explain how it's wrong for some reason or other.

Maybe not the best example ?

Oh, well I guess the bible must be the guidance, thank god the EHRC guidance is a lot shorter, shame it's still taken Phillipson a year to read it. 😂

Shortshriftandlethal · 14/04/2026 16:28

redredblue2 · 14/04/2026 16:12

The only thing I can think of is that the SC ruling did stress that trans individuals had rights yada yada. They may have had to make sure it really was water tight there to avoid further court action.

Yes, it did, but men with GRC's are still not covered under the protections afforded to the female Sex. This has already been done to death; now the government needs to grow a pair and issue clear guidance, including to the NHS and other state institutions, who continue to flout the ruling.

SerendipityJane · 14/04/2026 16:24

So where is the FAQs for all our other laws ?

Heggettypeg · 14/04/2026 16:19

SerendipityJane · 14/04/2026 14:38

So we return to my original dim confusion;

What this guidance in the first place ?

I think it's a sort of posh FAQ page.

redredblue2 · 14/04/2026 16:12

MyThreeWords · 14/04/2026 15:14

This sounds encouraging, from the tines article linked above:

... while the guidance itself will not change, the regulator has been asked to include more examples of how organisations can be inclusive within the law.

Given that the guidance has to actually follow the law, the scope for substantive change is minimal-to-zero, and I'm hoping that the changes will just have been insisted on for the purposes of government self-branding.

It is honestly absurd that a legalistic document of this sort is being required to be performative of values, like a self-congratulatory equality and diversity policy.

I used to work in a role where I had to look a lot at the statutory guidance provided in relation to health and safety regs, and similar. It is the driest and most nuts-and-bolts technical stuff imaginable. It is never required to include touchy feely stuff indicating how much we value the fact that no one falls off ladders.

The only thing I can think of is that the SC ruling did stress that trans individuals had rights yada yada. They may have had to make sure it really was water tight there to avoid further court action.

TheNoWord · 14/04/2026 16:11

As I understand it, the purpose of the Code of Practice is to give guidance and real life examples of putting the law into everyday practice. This is particularly important for small businesses and organisations who perhaps cannot afford individual legal advice.

It also should help the general public understand what they can expect from businesses and organisations, as it should be written in terms a layperson can easily understand.

IdaGlossop · 14/04/2026 16:11

Forresty · 14/04/2026 12:16

It's a Code of Practice in how to implement the law. Nothing changes the law itself.

Guidance is what the EHRC came out with soon after the judgement. That was then unpublished.

The CoP is to help companies and organisations to implement the law. And to help lawyers advise them.

Edited

Sex Matters has just opted that the 2006 Equalities Act makes no provision for ministers to amend the guidance. The act states that guidance is drafted by the EHRC, laid before Parliament and published. Potentially, therefore, Bridget Phillipson is acting illegally. I hope Sex Matters finds the funding to bring a case against her.

redredblue2 · 14/04/2026 16:10

SerendipityJane · 14/04/2026 14:38

So we return to my original dim confusion;

What this guidance in the first place ?

Apparently:

It helps organisations comply
before enforcement

Government enforcement isn’t just about punishing breaches; it’s about preventing them.

EHRC guidance:

  • tells employers, schools, councils, etc. what they should do
  • reduces accidental law-breaking
  • creates a shared standard across the country

So fewer cases need enforcement in the first place.

Wanton chat gtp search but it makes sense to me tbh

redredblue2 · 14/04/2026 16:07

Hedgehogforshort · 14/04/2026 14:06

Phillipson got her answer in the failed high court GLP ruling which was chucked out.

the judge referred to her legal representations as incoherent and difficult to follow.

the woman talks out of both sides of her mouth.

So think it will be fine, she will be able to defend herself now and feel she can protect her ambitions. Lol

That was a lawyer acting on her behalf. She didn’t write any of it and I’ve not met anyone who could make head nor tail of it tbh!

It was also likely a stress test. Testing the batshit theories of the GLP who were prepared to take it further.

SerendipityJane · 14/04/2026 16:03

TheywontletmehavethenameIwant · 14/04/2026 16:00

Chiselled in stone and brought down from a mountain. 😂

No. That's the law.

And all any subsequent "guidance" has achieved is to explain how it's wrong for some reason or other.

Maybe not the best example ?

TheywontletmehavethenameIwant · 14/04/2026 16:00

SerendipityJane · 14/04/2026 14:25

So where is my guidance on not stealing or killing ?

Chiselled in stone and brought down from a mountain. 😂