EHRC’s updated draft Code on Services, Public Functions and Associations laid before Parliament

On 21 May 2026, the Minister for Women and Equalities laid the Equality and Human Rights Commission (EHRC) updated code of practice for services, public functions and associations (Code) in Parliament. Parliament has 40 days to review the Code. If it is not disapproved during this time, the government will confirm a date for it to come into effect. Once implemented, the Code will hold legal status as a statutory code of practice.

Background

The updated code aims to provide guidance following the Supreme Court's judgment in R (For Women Scotland Ltd) v Scottish Ministers 16 that the words 'sex', 'woman' and 'man' in EqA 2010 refer to biological sex. The ruling had far-reaching implications for service providers, particularly those offering single-sex services. The revised Code aims to provide practical guidance on how the Equality Act applies in light of the Supreme Court’s judgment, as well as other developments in equality law over the past decade. 

The updated Code

The Code is designed to assist service providers, legal advisers, and courts in interpreting and applying the Equality Act 2010. While the Code itself does not change the law, it provides detailed explanations and examples to help organisations comply with their legal obligations. 

A key area of focus is the provision of separate or single-sex services in relation to gender reassignment. The Code clarifies that if a service provider allows trans people to use the service intended for the opposite sex, it ceases to be a single-sex service under the Equality Act. However, service providers can lawfully prevent, limit, or modify access to services based on gender reassignment, provided this is a proportionate means of achieving a legitimate aim, such as ensuring privacy or safety.

The Code also emphasises that trans people must not be left without access. The Code emphasises that trans people must always have access to essential services, like toilets, and encourages the provision of mixed-sex services alongside single-sex options to avoid exclusion. It also advises service providers to carefully evaluate whether excluding trans people is proportionate and whether less intrusive measures could achieve the same objective.

Additionally, the Code recommends that service providers develop clear policies outlining how separate or single-sex services will be managed and delivered.

The updated Code provides new content on the sensitive issue of asking about someone’s sex at birth. It confirms that, unless necessary and justified, such enquiries may interfere with human rights and risk causing discrimination or harassment. Service providers are advised to handle these questions sensitively, avoiding public or confrontational scenarios.

The Code also addresses other emerging issues in equality law. It clarifies that conduct related to breastfeeding may constitute unlawful harassment on the grounds of sex, offering useful guidance for organisations providing public-facing services or facilities. Additionally, the Code discusses menopause in the context of disability discrimination, recognising that menopause can amount to a disability if it significantly impacts an individual’s daily life.

Learning points for employers

The updated Code focuses on services, public functions, and associations, rather than employment. This distinction is important for employers to understand, as the Code’s guidance is not directly applicable to workplace policies. However, there are valuable lessons for employers to consider, particularly those who also deliver services to the public.

Employers should review their policies and practices to ensure they align with the Equality Act 2010 and reflect the guidance provided in the updated Code. For example, organisations offering single-sex spaces should carefully assess whether their policies are proportionate and justified, considering the privacy and safety of all users.

For more information, please contact Georgia Blesson in our employment team.