New ECHR draft updated Code of Practice for Services, Public Functions and Associations
The Equality and Human Rights Commission's (EHRC) Code of Practice for Services, Public Functions and Associations has been updated following the Supreme Court's decision in For Women Scotland. The draft code, laid before parliament in May 2026 advises on the application of the Equality Act 2010.
While the Code does not apply to employment matters, it provides guidance to service providers, public functions and organisations, making it clear that if any single sex spaces are offered they must be used on the basis of biological sex. Reflecting the Supreme Court's judgment, the draft Code states that references to "sex" within the Equality Act should be interpreted as biological sex.
It is likely to affect decision-making in relation to changing facilities, toilets, accommodation services, sporting activities and other settings where sex-based distinctions may be relevant
Although the Code does not create new legal obligations, it carries considerable practical importance. As the EHRC notes, while only courts and tribunals can provide an authoritative statement of the law, the Code may be relied upon in evidence in proceedings brought under the Equality Act 2010, and courts and tribunals must take into account any relevant provisions when determining such cases.
Organisations should proactively ensure that they have sought advice and undertaken risk assessments and have up-to-date procedures in place that remain consistent with the updated guidance and the Supreme Court's interpretation of the law, as this issue is likely to attract increased scrutiny. Organisations should begin reviewing and assessing their arrangements now despite the Code being subject to parliamentary approval and therefore could still attract amendments before coming into force.
Posted on 06/23/2026 by Ortolan
