Government still considering EHRC Code of Practice on Services
The government has confirmed that it is still reviewing the Equality and Human Rights Commission’s (EHRC) draft Code of Practice on Services, Public Functions and Associations, which was submitted for approval on 4 September 2025.
Background
The revised Code is intended to update the EHRC’s 2011 guidance to reflect the Supreme Court’s judgment in For Women Scotland Ltd v Scottish Ministers, which clarified that 'sex' in the Equality Act 2010 refers to biological sex. The EHRC has pressed for early approval, warning that the existing 2011 Code no longer reflects the law and may cause confusion for service providers.
Current position
In a House of Lords debate on 15 October 2025, the Deputy Leader of the House, Lord Collins of Highbury, said the government was still considering the draft Code and had requested further information from the EHRC, including its Equality Impact Assessment. He emphasised that, at over 300 pages, the document requires careful cross-government review and consultation with devolved administrations before any decision is taken to lay it before Parliament.
Lord Collins rejected suggestions of delay, stating that it is essential to ensure the Code accurately reflects the Supreme Court judgment and provides legal clarity. He also confirmed that the updated Code does not concern employment matters. It applies only to the parts of the Equality Act 2010 dealing with services, public functions and associations. The existing Codes of Practice on Employment and Equal Pay are unaffected, and the protections for trans people under the Equality Act 2010 remain unchanged.
Next steps
Once approved, the updated Code will be laid before Parliament for a 40-day scrutiny period. In the meantime, the 2011 Code remains legally extant, although the EHRC has asked the government to revoke it to prevent reliance on outdated guidance.