EHRC has published supporting documents relating to the Code of Conduct development, for transparency and to assist parliamentary scrutiny

[IwantToRetire]

The updated Code of Practice will help organisations and individuals comply with the law; legal advisers interpret and advise on the law; and courts and tribunals apply the law.

Having received ministerial approval, Parliament now has 40 days to consider the draft updated Code.(*)

The EHRC updated the existing Code of Practice to reflect more than a decade of significant developments in legislation and case law. These developments include the legalisation of same-sex marriage and case law relating to the definition of disability, the threshold for a philosophical belief to be protected and the Supreme Court judgment in April 2025 on the definition of sex in the Equality Act. The Code now also incorporates previously separate technical guidance on age discrimination.

To accompany the draft Code of Practice being laid, the EHRC today also published supporting documents relating to its development, for transparency and to assist parliamentary scrutiny.

For full statement and links to documents go to https://www.equalityhumanrights.com/media-centre/news/draft-services-code-practice-laid-parliament

(*) 20 June 2026?

Am bumping this because this is the actual guidance providers will have to follow.

There is a 40 (now 39) day period before the Government brings this is the HoC to approve.

It is possible that the HoC could vote not to accept them.

So thought it worth a thread to discuss these as they are how this recognition that sex is biological will be (or should be) implemented.

Bump

Updates the EHRC has incorporated since it opened both its first consultation on updates to the 2011 Code (October 2024) and its second consultation on updates following the Supreme Court judgment in For Women Scotland v Scottish Ministers (May 2025) 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.