EHRC Code of Practice: Services, Public Functions and Associations

This Government have always supported the protection of single-sex spaces based on biological sex. The Supreme Court’s ruling last year brought clarity for women and service providers such as hospitals and refuges, and made it clear that protections for trans people remain in the Equality Act.

The Equality and Human Rights Commission is the independent equality regulator and ensures compliance with the Equality Act 2010. Their code of practice on services, public functions and associations covers all nine protected characteristics and the steps service providers should take to comply with the law. We share the EHRC’s commitment to ensuring duty bearers have accurate and up-to-date guidance on the Equality Act 2010 including in the light of the recent Court rulings.

We are grateful to the EHRC for their work on the updated draft code following engagement and further legal analysis. The EHRC is rightly focused on ensuring the updated code is robust, accessible and ensures duty bearers can be confident that it is a clear and accurate explanation of the law.

The Government received the updated draft on 13 April. The code will apply across Great Britain and as we are currently in the pre-election period for the devolved Administrations, we are unable to make further announcements on this matter at this time. However, we are taking urgent action to meet our intention of laying the code in May and as soon as practicable after the election period, for parliamentary scrutiny.

We are getting it right, showing leadership by implementing the clarity the Supreme Court ruling delivers.

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