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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 15:58

Easytoconfuse · 14/04/2026 15:21

An excuse not to tell the public sector to pull its finger out and comply. The next stage will be 'we need time to consider the implications.' And all the while, men will be able to 'enjoy' their freedoms to use women as unwilling and unwitting sexual objects and we shouldn't even mention that they're doing it because we should be kind.

I'm out. I genuinely can't understand this at all. I'd rather spend a weekend reconfiguring a comms room with no schmatic and all the cables the same colour than continue to fail to grasp this.

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Forresty · 14/04/2026 15:46

Meanwhile, trans Reddit thinks that the Code of Practice can somehow change the law 🙄

Correct me if I'm wrong but is today's news just that they still hate us and intend to "implement" the SC ruling

Yes, we plant to "implement" THE ACTUAL LAW!!

https://www.reddit.com/r/transgenderUK/comments/1sl5iq3/correct_me_if_im_wrong_but_is_todays_news_just/

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Easytoconfuse · 14/04/2026 15:21

SerendipityJane · 14/04/2026 14:38

So we return to my original dim confusion;

What this guidance in the first place ?

An excuse not to tell the public sector to pull its finger out and comply. The next stage will be 'we need time to consider the implications.' And all the while, men will be able to 'enjoy' their freedoms to use women as unwilling and unwitting sexual objects and we shouldn't even mention that they're doing it because we should be kind.

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.

UtopiaPlanitia · 14/04/2026 15:05

Sonia Sodha has commented on the changes in tone requested:

https://nitter.net/soniasodha/status/2044036351880753389?s=20

'More worryingly, they may have represented it as "tone" but ministers may have been lobbying the EHRC for something substantively different, that Phillipson instructed her lawyers to argue for in High Court: that female-only services should be able to admit men who identify as female without losing their single-sex status'

moto748e · 14/04/2026 14:46

The Graun's "This is what we're up against" with every link always raises a smile.

moto748e · 14/04/2026 14:45

As Sex Matters rightly say in their comment:

The EHRC has admitted that it amended the guidance after the government provided it with “a narrow set of comments” on its previous draft.

Neither the minister nor the independent regulator is mandated to engage in this sort of delay and negotiation whereby the independent regulator edits its guidance to meet the preferences of the government.

Section 14(7) of the Equality Act 2006 says that before issuing a code the EHRC shall submit a draft to the Secretary of State, who shall either approve the draft and lay a copy before Parliament or give the EHRC written reasons why she does not approve it. The legal framework does not envisage this as a back-and-forth process of backroom negotiations between the government and the EHRC.

sex-matters.org/posts/updates/updated-ehrc-code-to-be-published-in-may/

SerendipityJane · 14/04/2026 14:38

DandelionsintheLawn · 14/04/2026 14:36

As I stated in the first sentence - The law must be followed regardless of guidance.. That includes there being no guidance.

So we return to my original dim confusion;

What this guidance in the first place ?

DandelionsintheLawn · 14/04/2026 14:36

SerendipityJane · 14/04/2026 14:25

So where is my guidance on not stealing or killing ?

As I stated in the first sentence - The law must be followed regardless of guidance.. That includes there being no guidance.

SerendipityJane · 14/04/2026 14:25

DandelionsintheLawn · 14/04/2026 12:37

The law must be followed regardless of guidance. The guidance is to help you follow the law. If the guidance ever conflicts with the law then the law takes precedence over anything the guidance says.

So where is my guidance on not stealing or killing ?

DandelionsintheLawn · 14/04/2026 14:07

moto748e · 14/04/2026 14:00

With luck she won't be an MP after the next election. I don't think voters will stomach candidates who will dump on women like that. Super clear that, 'whatever we do, we mustn't upset the sacred caste' is the watchword.

Sadly we will see a bunch of so-called feminists in denial once again telling us once again that they are bound to do the right thing if reelected despite all evidence to the contrary….

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

moto748e · 14/04/2026 14:00

With luck she won't be an MP after the next election. I don't think voters will stomach candidates who will dump on women like that. Super clear that, 'whatever we do, we mustn't upset the sacred caste' is the watchword.

DandelionsintheLawn · 14/04/2026 12:37

The law must be followed regardless of guidance. The guidance is to help you follow the law. If the guidance ever conflicts with the law then the law takes precedence over anything the guidance says.

SerendipityJane · 14/04/2026 12:21

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

But unless I am being spectacularly dim, is the implication that you cannot enforce a law without "guidance" ? Isn't that rather what the courts are supposed to do ?

E2A: so if a company follows this "guidance", it can't be taken to court and there will be no point trying ?

I could understand if having guidance meant no court cases. But since I doubt it does, all it seems to have done is muddy the waters. Leaving simple folk like me less clear than before. So effectively it's hard to believe it's by accident.

Forresty · 14/04/2026 12:18

MyThreeWords · 14/04/2026 11:36

But we've been able to read the current unapproved one I think?

There was a bit of a leak to The Times, but nobody has seen the unlaid CoP yet.

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Forresty · 14/04/2026 12:16

SerendipityJane · 14/04/2026 11:44

It still seems odd that you need to have "guidance" of obeying the law. Unless the guidance can override the law ?

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.

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TheyAreLovelyLovelyPeople · 14/04/2026 12:12

SingleSexSpacesInSchools · 14/04/2026 11:47

https://questions-statements.parliament.uk/written-statements/detail/2026-04-14/hcws1509

Statement made by

Bridget Phillipson

Statement

This government has always supported the protection of single-sex spaces based on biological sex. The Supreme Court’s ruling last year brought clarity for women and service providers such as hospitals and refuges, and made clear that protections for trans people remain in the Equality Act.

The Equality and Human Rights Commission (EHRC) is the independent equality regulator and ensures compliance with the Equality Act 2010. Their Code of Practice on Services, Public Functions and Associations covers all nine protected characteristics and the steps service providers should take to comply with the law. We share the EHRC’s commitment to ensuring duty bearers have accurate and up-to-date guidance on the Equality Act 2010 including in the light of the recent Court rulings.

We are grateful to the EHRC for their work on the updated draft Code following engagement and further legal analysis. The EHRC is rightly focussed on ensuring the updated Code is robust, accessible and ensures duty bearers can be confident that it is a clear and accurate explanation of the law.

The government received the updated draft on 13 April. The Code will apply across Great Britain and as we are currently in the pre-election period for the devolved administrations, we are unable to make further announcements on this matter at this time. However, we are taking urgent action to meet our intention of laying the Code in May and as soon as practicable after the election period, for Parliamentary scrutiny.

We are getting it right, showing leadership by implementing the clarity the Supreme Court ruling delivers.

Edited

Massive hmmm face from me.

We shall see.

CapabilityBrownsHaHa · 14/04/2026 12:08

I note it didn't specify which May; I don't have local elections this year. Maybe she's going to wait until after the next GE and make it someone else's problem.

Shortshriftandlethal · 14/04/2026 12:08

What needs to be " scrutinised"?

Igmum · 14/04/2026 11:56

Missing comma identified?

TWETMIRF · 14/04/2026 11:53

Delayed long enough for purdah to apply, wonder what the excuse will be after that