Last year the EHRC ran a 12-week consultation on wider revisions to the Code of Practice, made then to reflect a range of significant developments in legislation and case law since it was first published in 2011.

In light of the Supreme Court’s consequential ruling, and the widely expressed desire for authoritative guidance on its implications, the equality regulator has now opened a fresh consultation on a number of further updates.

The Supreme Court made the legal position on the definition of ‘sex’ in the Equality Act 2010 clear. Having incorporated it into the relevant sections of the Code of Practice, the EHRC is asking for views on whether these updates clearly articulate the practical implications of the judgment and enable those who will use the Code to understand, and comply with, the Equality Act.

The consultation will close on Monday 30 June 2025.

The EHRC will review responses received as part of the consultation and make necessary amendments to the draft Code of Practice. It will then be submitted to the minister for women and equalities for approval and laying in Parliament, before it acquires statutory status.

Baroness Kishwer Falkner, chairwoman of the Equality and Human Rights Commission, said: “As Britain’s equality regulator, we uphold and enforce the Equality Act 2010 to ensure everyone is treated fairly, consistent with the Act.

“That requires us to incorporate the Supreme Court’s ruling on the definition of ‘sex’ into our guidance and explain what it means to the duty-bearers who must put it into practice. 

“Since the judgment was handed down, the demand for authoritative guidance has been obvious. It’s our job to provide that.

“It is important that our Code is both an accurate interpretation of the law and clear to those who use it. So we want to hear views on the clarity of these updates and urge all interested parties to respond to the consultation over the next six weeks. We will consider every response carefully and amend the draft Code where necessary.

“People with protected characteristics should never be discriminated against or harassed when using a service. Where services are provided on a single-sex basis, that needs to be done in a way which is consistent with the law, which protects the rights of all service users and which ensures everyone is treated with respect and dignity. It’s vital that service providers know what they need to do to comply with the law, and that service users have confidence that every provider is doing so.

“This is a complex area of law, which bears on the rights of people with the protected characteristics of sex, sexual orientation and gender reassignment. We know that there are strongly held views across our society, both about how the law should be interpreted and whether it reflects the right balance between those rights. So if everybody’s rights are to be protected – as the Supreme Court confirmed the law intends – service providers and their legal advisors need help to navigate these challenges.

“The consultation launched today will help ensure our services Code of Practice is a useful and authoritative guide. Please tell us if you think it could be clearer or more helpful. That way, whether you’re a shop owner or the chair of a local sports club; the manager of a hotel or a hospital; an HR professional or a solicitor – you will have guidance to follow so you can be confident that you’re upholding the law.”