In the third edition of our quarterly horizon scanner, we take a closer look at some of the key employment law changes on the horizon.
The Equality and Human Rights Commission has presented the government with a revised Code of Practice for Services, Public Functions and Associations in response to the Supreme Court's April 2025 decision in For Women Scotland v Scottish Ministers (the “Draft Code”). It has also withdrawn its interim update on the practical consequences of the Supreme Court’s ruling.
The government has confirmed that the Draft Code is under consideration and will be laid before Parliament "if the decision is taken to approve it". If approved, the Draft Code will be subject to a 40-day parliamentary period before coming into force, meaning publication could occur within the next quarter.
Ongoing litigation may affect how employers interpret and apply the Supreme Court's ruling. The Good Law Project has argued before the High Court that the decision does not apply to regulations governing workplace toilets, with a two-day hearing scheduled for November 2025. The Employment Tribunal is also due to conclude Hutchison v County Durham and Darlington NHS Foundation Trust in November 2025, in which eight nurses allege that the trust ignored the Supreme Court's ruling when implementing its changing room policies.
The EHRC has indicated that work on updating its employer guidance will begin after the Draft Code is finalised, though no timeline has been confirmed.
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