Updated EHRC Services Code due to come into force in August

Background

The Equality and Human Rights Commission's updated Code of Practice on services, public functions and associations will come into force on 5 August 2026.

As reported previously, the revised code reflects developments in equality law since the original code was published in 2011. In particular, it incorporates more recent case law and guidance, including the Supreme Court's decision in For Women Scotland Ltd v Scottish Ministers.

Alongside the updated code, the government has also published a final impact assessment considering the expected effect of the changes on businesses, the voluntary sector and public bodies.

The Charity Commission has indicated that it is working to update its Equality Act guidance for charities and plans to publish it during the Autumn. It also says charities should be aware that its guidance will not alter the legal principles underlying the Code - and 'charities do not need to wait for the Commission's guidance to comply with the Act and the Code'.

Learning points

The updated code is primarily intended for organisations providing services, exercising public functions or operating associations, rather than employers acting in their capacity as employers. Nevertheless, it is a statutory code issued under the Equality Act 2010, meaning that courts and tribunals may take it into account where relevant when determining questions arising under the Act.

Charities which provide services to the public, or exercise public functions, should review the updated guidance before it takes effect. Those operating in sectors such as education, healthcare and the public sector are particularly likely to find the revised code relevant to their day-to-day operations.

The updated code does not alter employers' existing obligations under the Workplace (Health, Safety and Welfare) Regulations 1992. Those Regulations continue to require suitable and sufficient sanitary conveniences and washing facilities, with separate facilities for men and women unless each facility is provided in a separate room that can be secured from the inside. Employers should consider their obligations under both the Equality Act and the Workplace Regulations when reviewing their arrangements.

For more information or advice, please get in touch with Eleanor Searle in our Employment team or contact a member of the Governance and Charity law team.

For more information or advice, please get in touch with Eleanor Searle in our Employment team or contact a member of the Governance and Charity law team.