In brief
The Equality and Human Rights Commission (EHRC) has updated its Code of Practice for Services, Public Functions and Associations (“Code”), replacing the previous Code of Practice which dated back to 2011. The updated Code takes into account the landmark decision in For Women Scotland Ltd v. The Scottish Ministers in which the Supreme Court ruled that the words ‘sex’, ‘woman’ and ‘man’ in the Equality Act 2010 refer to biological sex. The provisions of the Code relating to separate and single sex services, sport and associations required amendment to reflect the Supreme Court’s decision.
Key takeaways
- The Code does not impose legal obligations and is not an authoritative statement of the law. However, it can be used in evidence in legal proceedings brought under the Equality Act 2010 and courts and tribunals must consider any provisions of the Code that appear relevant.
- The Code is aimed at service providers, public functions and associations, and does not apply to employment, education, premises or transport. However, it provides useful guidance on the interpretation of the Equality Act 2010 across all of the protected characteristics. In particular it provides a clear indication of how the law applies, for example, in relation to facilities such as toilets, washing facilities and changing rooms, and so remains highly relevant for employers and others.
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We considered the updated Code (then in draft) in our article
Draft EHRC Code of Practice following For Women Scotland: from principle to practice.
This article first appeared in the July 2026 issue of PLC Magazine.
For more information on what this development means for you, please get in touch with your usual Baker McKenzie contact.
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