The Equality and Human Rights Commission (EHRC) has confirmed that it has submitted a revised draft of its awaited updated Code of Practice on services, public functions and associations to the Minister for Women and Equalities.
The Code has been under review since October 2024 and was subject to further consultation following the Supreme Court’s decision in For Women Scotland v Scottish Ministers. The EHRC originally submitted the updated code to the government on 4 September 2025. On 15 April 2026, the EHRC confirmed that it has amended the draft to reflect government feedback, consultation responses and additional legal analysis.
The government has indicated that it intends to lay the draft Code before Parliament in May 2026, following the local elections.
The Code will be subject to the negative resolution procedure. This means it will come into force after 40 days unless either House of Parliament resolves to reject it.
Once in force, the Code will provide updated statutory guidance on the application of discrimination law in the context of services, public functions and associations.
Although the Code is not yet in force, employers should be aware that updated guidance is imminent. While this code is specifically aimed at service providers rather than employers, it may still offer valuable guidance or be relevant in cases where an employer also operates as a service provider. Employers should be prepared to...
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