The EHRC provides expert advice on how to comply with the Equality Act and put the law into practice. On 4 September the regulator submitted an updated code of practice for services, public functions and associations to the minister for approval. Today marks six months since the Supreme Court judgment in For Women Scotland Ltd v Scottish Ministers, and six weeks since the draft code was sent to the minister.

A major update of the existing code of practice – which was first published in 2011 – has been undertaken to reflect more than 10 years of significant developments in legislation and case law. These developments include case law relating to the definition of disability, the threshold for a philosophical belief to be protected and April’s Supreme Court judgment on the definition of sex.

The EHRC has now written to the minister for women and equalities, requesting that she revokes the previous code of practice and lays the updated code in Parliament as soon as possible, so that it can become statutory guidance. The updated code of practice will supersede previous guidance.

Baroness Kishwer Falkner, chairwoman of the Equality and Human Rights Commission, said: “It’s our mission to ensure people are treated fairly, consistent with the Equality Act. So as Britain’s independent equality regulator, we must put accurate information on the law in the hands of those that need it. 

“Our previous services code of practice was first published in 2011. Since then, there have been significant changes in legislation and case law, with practical implications across the protected characteristics set out in the Equality Act.

“The content in this version of the code currently in force is based on the EHRC’s previous misinterpretation of the Equality Act 2010. The practical implications of this are that the 2011 code is now unlawful and will continue to be so until the minister makes an order to withdraw it.

“We have been told by some organisations that they intend to continue using this now unlawful code until the revised code is published, therefore allowing practices inconsistent with the law to persist.

“Our updated code of practice accurately reflects the law and is informed by the two public consultations we ran to ensure it is as clear as possible. 

“It will help organisations the length and breadth of this country comply with the Equality Act. We know that demand is there and that it increased significantly following the Supreme Court’s judgment on the definition of sex, in April 2025. 

“The updated code ought to be brought into force as soon as possible. How quickly this happens is now in the government’s hands. We urge them to act at speed.

“In the meantime – as we have said consistently since 16 April – duty-bearers must ensure that they comply with the law, seeking their own expert legal advice if necessary.” 

Following ministerial approval, the UK government must lay the updated code of practice before Parliament for 40 days before it can become statutory guidance. 

The updated code of practice is accurate and comprehensive guidance on how services, public functions and associations should comply with the Equality Act and supersedes all previous guidance from the EHRC.

This includes the 2011 code of practice which the EHRC is calling for the minister to revoke as of now. The EHRC has also removed the interim update from its website that was published after the Supreme Court’s judgment. Duty-bearers should continue to take specialist legal advice, as they did before, on what they need to do under equality and human rights law. They should use the new code once Parliament has approved it.