The Equality and Human Rights Commission's (EHRC) updated Code of Practice for Services, Public Functions and Associations came into effect on 5 August 2026, replacing the 2011 Code. It was reviewed to reflect the implications of the Supreme Court’s decision in the For Women Scotland 2025 case.
In April 2025, the Supreme Court ruled in For Women Scotland Ltd v The Scottish Ministers that, for the purposes of the Equality Act 2010, the terms “sex”, “man" and “woman” refer to biological sex. The Judgment has significant implications for the operation of single-sex and separate-sex services and facilities.
The updated Code provides detailed guidance on how the Equality Act 2010 applies to services, public functions and associations. It explains how organisations within its scope should approach their obligations under the Act, including in relation to discrimination, harassment and victimisation across the protected characteristics. It also provides updated guidance on the lawful provision of single-sex and separate-sex services following the Supreme Court's decision.
Although the updated Code does not itself create new legal obligations, it has statutory status (as official statutory guidance) and provides authoritative guidance on how the Equality Act 2010 applies to services, public functions and associations. Courts and Tribunals must take the Code into account where it appears relevant to proceedings. It may therefore be an important consideration when...
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