The Equality and Human Rights Commission (“EHRC”) has submitted the final updated draft of its Code of Practice for Services, Public Functions and Associations (“Services Code of Practice”) to the Minister for Women and Equalities. The draft will now be considered by the Government and, subject to ministerial approval, laid before Parliament for 40 days before coming into force.
Why is this happening?
On 16 April 2025, the Supreme Court handed down its landmark judgment in For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16; finding that, for the purposes of the Equality Act 2010 (“EqA”), the words “man”, “woman” and “sex” mean biological man, biological woman and biological sex (i.e. at birth), and that if somebody identifies as transgender they do not change sex for the purposes of the EqA (even if they have a Gender Recognition Certificate).
On 25 April 2025, the EHRC published an interim update on the practical implications of the judgment for single sex spaces and services, which was later amended. The EHRC also announced that, in addition, it would be reviewing and updating its Services Code of Practice (as well as its own guidance on single sex spaces and services).
A consultation, on the updates required to the Services Code of Practice, was carried out over a 6-week period in May and June 2025; with over 50,000 organisations, legal professionals and individuals providing input. An earlier consultation also took place for 3 months in late 2024, regarding updates to the whole Services Code of Practice (not just those provisions relating to single sex spaces and services).
The updated Services Code of Practice was subsequently finalised and submitted to the Minister for Women and Equalities on around 5 September 2025.
What’s next?
The EHRC’s updated Services Code of Practice will now be considered by the Government and, subject to ministerial approval, laid before Parliament for 40 days before coming into force.
The Chair of the EHRC has urged service providers, associations, and public bodies not to wait for the formal publication of the Services Code of Practice before reviewing and revising their policies to ensure their compliance with equalities law. Organisations must ensure they understand and comply with their legal obligations now and seek independent legal advice where necessary.
The EHRC has already begun regulatory action against organisations whose policies misrepresent the law on gender self-identification and access to single-sex spaces (further detail of which can be found in our article here).
Work on updating the Employment Code of Practice is expected to begin once the Services Code of Practice process is complete.
Key takeaways for employers
- Review relevant policies. Organisations will need to review any workplace policies and/or practices relating to single sex services and spaces, to assess whether they comply with equalities law (as clarified by For Women Scotland) and consider how compliance can be achieved, while at the same time bearing organisational values in mind.
- Prepare for updated guidance on single-sex services and spaces. The EHRC is revising its guidance to reflect the findings in the For Women Scotland judgment. Expect clearer direction on lawful provision of single-sex services and spaces once this has been done.
- Expect increased scrutiny. The EHRC is actively monitoring compliance and taking regulatory action where policies misrepresent the law, particularly where policies wrongly suggest there is an automatic legal right to access single-sex spaces based on self-identification.
- Engage with future updates to the Employment Code. Once the Services Code of Practice is finalised, employers should prepare for further (likely similar) changes to the Employment Code of Practice, especially regarding equality and inclusion.
- Legal advice may be necessary. Given the complexity and sensitivity of these issues, organisations should seek legal advice tailored to their specific circumstances.
If you would like to learn more about the background of the For Women Scotland case, you can find out more here. Get in touch with Paul Jennings or Robert Oakley if you would like to discuss anything above further.
The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. Please do contact the Bates Wells team if you require further information.