Updated EHRC Services Code due to come into force next month

Background

The Equality and Human Rights Commission's updated Code of Practice on services, public functions and associations has completed the parliamentary approval process and will come into force on 5 August 2026. The necessary statutory instruments have now been made to revoke the existing 2011 code and bring the updated version into effect.

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.

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.

Employers whose organisations provide services to the public, or exercise public functions, should ensure that the updated guidance is reviewed 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.