EHRC Draft Code of Practice Laid in Parliament to Update How Equality Act Is Applied

Overview

• The Minister for Women and Equalities formally laid the Equality and Human Rights Commission’s updated draft Code of Practice in Parliament as guidance for services, public functions and associations across England, Scotland and Wales.
• The draft incorporates the Supreme Court clarification that, for the Equality Act, 'sex' means biological sex and also confirms that trans people remain protected under the separate protected characteristic of gender reassignment.
• The revision bundles legal and policy changes since 2011 and updates guidance across all nine protected characteristics, adding advice on menopause-related impacts, breastfeeding harassment, same-sex marriage effects, disability, pregnancy and maternity, and age discrimination.
• The Code is written to be practical for everyday decisions, giving examples such as toilet provision and telling organisations to follow the clarified law and take specialist legal advice where necessary.
• The update will push public and private providers to review policies, staff training and risk assessments; it could prompt legal challenges or further guidance as organisations test how the clarified definitions apply in real-world settings.