What is the updated EHRC code of practice about and how does it apply?

The Equality and Human Rights Commission (EHRC) has released an updated code of practice offering guidance to service providers, associations, and public function deliverers on how to comply with the Equality Act. This revision, the first in over a decade, addresses all nine protected characteristics, with particular emphasis on implementing last year’s Supreme Court ruling regarding single-sex spaces. The ruling clarified that, under the Equality Act, the legal definition of a woman is based on biological sex, impacting access to women-only services such as refuges and toilets. The update aims to provide clarity following a landmark case against the Scottish government, which sparked significant debate and uncertainty among businesses and service providers. Some companies quickly barred transgender individuals from using facilities aligned with their gender identity, while others hesitated due to concerns over legal complexities and the practicalities of accommodating gender-neutral options. The EHRC’s guidance seeks to navigate these challenges by offering practical examples and reinforcing the Supreme Court’s interpretation of the law. Mary-Ann Stephenson, chair of the EHRC, emphasized that the commission’s role is to guide service providers on how to follow existing law rather than to set legal standards themselves. The updated code clarifies that admitting a transgender person to a service aligned with their lived gender means the service can no longer be considered single-sex, which has significant implications for how providers categorize and manage such spaces. This guidance has been awaited by many businesses and campaigners amid ongoing debates over balancing transgender rights with protections based on biological sex. The release of the updated code follows criticism of government delays in providing clear direction, with gender-critical campaigners and businesses calling for timely clarity. The EHRC’s code is expected to influence how public and private service providers approach compliance with the Equality Act, potentially reshaping policies around single-sex spaces and transgender inclusion across the UK.