EHRC publishes draft updated code of practice on Equality Act 2010

The UK government and the Equality and Human Rights Commission (EHRC) have published a draft updated code of practice explaining how organisations should apply the Equality Act 2010 when providing services, exercising public functions, or running associations. The document applies across England, Scotland and Wales and has been laid before Parliament for review.

The draft code covers all nine protected characteristics under the Equality Act, including sex, disability, race, religion, sexual orientation and gender reassignment. It is intended to guide businesses, public bodies, charities, clubs and associations on complying with anti-discrimination law.

The most significant changes relate to the treatment of single-sex services and spaces following the 2025 Supreme Court’s 2025 ruling in the case of For Women Scotland Ltd v The Scottish Ministers. The code states that, for the purposes of the Equality Act, “sex” refers to biological sex, regardless of whether a person has a Gender Recognition Certificate (GRC).

Under the draft guidance, organisations providing single-sex services such as toilets, changing rooms, hospital wards, refuges or sports facilities are advised that they may lawfully restrict access on the basis of biological sex where doing so is a “proportionate means of achieving a legitimate aim.” The code says providers must assess each situation individually and consider issues such as privacy, dignity, safety and fairness. 

Become a friend of LabourList and join our community. Our friends support our vital non-factional work and get access to exclusive content and events. 

The draft also recommends that organisations consider providing mixed-sex or gender-neutral alternatives where possible. The guidance warns that excluding transgender people without justification could still amount to unlawful discrimination under the protected characteristic of gender reassignment.

The code further advises service providers not to rely heavily on official documents to determine a person’s sex, stating that there is no single document that provides conclusive evidence for Equality Act purposes. Instead, providers are advised to make proportionate and practical decisions based on the circumstances.

Beyond gender-related issues, the updated code includes guidance on disability discrimination, reasonable adjustments for disabled people, harassment, indirect discrimination and victimisation. It also expands or clarifies protections concerning breastfeeding, menopause, pregnancy and same-sex marriage. 

The EHRC says the code is not new law but statutory guidance explaining how existing law should be interpreted and applied. Courts and tribunals may take the code into account in legal proceedings.

The draft code is now subject to a parliamentary scrutiny period before it can formally come into force. 

A spokesperson for Labour for Trans Rights said: “Labour for Trans Rights can in no way support the EHRC’s Code of Practice. The text differs minimally from the draft version that was leaked last year.

“This Code of Practice does not deliver certainty, and once again fails to lay out ways in which service providers may include trans people in their services and spaces.

“It is now clear that the only solution to the impasse created by the Supreme Court judgement is legislative change. Without bold action to reverse our current course, the Labour Party’s relationship with millions of LGBT+ voters and allies will continue to degrade.”

A statement from Labour Women’s Declaration reads (in part): “We welcome the news that the updated EHRC Code of Practice for Services, Public Functions and Associations has finally been laid before Parliament and we commend the Secretary of State for this action. 

“There can now be no more excuses from public bodies, including government departments, that they are “waiting for the guidance”. 

“We will study the Code in detail. However, regardless of the wording of the guidance, the law is the law and it is the Supreme Court’s ruling which has to be complied with.

“Labour Women’s Declaration will continue to hold our Labour government to account on sex-based rights and to campaign against any attempt to row back on the progress that has been made by the clarity of the Supreme Court ruling.”

Subscribe here to our daily newsletter roundup of Labour news, analysis and comment– and follow us on TikTok, Bluesky, WhatsApp, X and Facebook. You can also write to our editor to share your thoughts on our stories and share your own. The best letters are published every Sunday.

• • SHARE: If you have anything to share that we should be looking into or publishing about this story – or any other topic involving Labour– contact us (strictly anonymously if you wish) at [email protected].
  • SUBSCRIBE: Sign up to LabourList’s morning email here for the best briefing on everything Labour, every weekday morning.
  • BECOME A FRIEND: If you enjoyed this, why not consider becoming a Friend of LabourList? Help sustain our journalism, and of course Friends do get benefits…
  • PARTNER: If you or your organisation might be interested in partnering with us on sponsored events or projects, email [email protected].
  • ADVERTISE: If your organisation would like to advertise or run sponsored pieces on LabourList‘s daily newsletter or website, contact our exclusive ad partners Total Politics at [email protected].