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Saturday, November 29, 2025

Employment Law Coffee Break: Consultation following Supreme Court decision, vicarious liability and TUPE, and employment law update - Osborne Clarke

Employment and pensions

Welcome to our latest Coffee Break in which we look at the latest legal and practical developments impacting UK employers.

EHRC publishes consultation following Supreme Court decision

The Equality and Human Rights Commission (EHRC) has published a consultation on proposed updates to its Code of Practice for services, public functions and associations, following the Supreme Court's decision in For Women Scotland v Scottish Ministers.

The EHRC is asking for views on whether updates it has made to the code to reflect the Supreme Court decision on the definition of "sex" in the Equality Act 2010 "clearly articulate the practical implications of the judgment and enable those who will use the Code to understand and comply with the Equality Act 2010." The consultation will last for six weeks, closing on Monday 30 June.

The EHRC states that it will "consider every response carefully and amend the draft Code where necessary". It will then be submitted to the Minster for Women and Equalities for approval and laying it before Parliament, before it acquires statutory status.

What does this mean for employers?

The EHRC has acknowledged in announcing the current consultation that "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...



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