Charities urged to prepare now for the EHRC services code of practice

The Code of Practice

On 5 August 2026 the Equality and Human Rights Commission (EHRC) Code of Practice for services, public functions and associations (the Code) will come into force and acquire legal status. We covered the Code in detail in our earlier article. The Code provides statutory guidance on how equality law applies to the provision of services, the exercise of public functions and the activities of associations. It reflects the Supreme Court's April 2025 judgment in For Women Scotland v Scottish Ministers, which confirmed that “sex” in equality legislation means biological sex.

The Charity Commission’s statement

On 21 July 2026 the Charity Commission (Commission) published a statement advising charities to take steps now to ensure they can comply with the Code and the law. The Commission is currently updating its own equality guidance for charities, which will address how the charities’ exception can apply and how charities might take positive action. The updated guidance is expected during autumn 2026.

For more information or advice, please get in touch with Lucy Cinnamond in our Employment team.