The Equality and Human Rights Commission (“EHRC”) submitted an updated draft of its Code of Practice for Services, Public Functions and Associations (“Services Code”) to the Minister for Women and Equalities on 13 April 2026. It will shortly be laid before Parliament for 40 days (if approved by the Minister), before coming into force (if no objections are made), on a date to be confirmed.
What is the EHRC Services Code?
The Services Code provides guidance on the application of the Equality Act 2010 (“EqA”) in the provision of services. Courts will have regard to it when applying the law and determining disputes related to service provision under the EqA.
There is also an Employment Code of Practice (“Employment Code”) which, similarly to the Services Code, provides guidance on the application of the EqA in the context of employment, and courts will have regard to it when applying the law and determining disputes related to employment provisions under the EqA.
Why is the Services Code being updated?
The Services Code has been updated to reflect the Supreme Court’s recent ruling, in the case of For Women Scotland v The Scottish Ministers [2025], that the definition of “sex” for the purposes of the EqA means biological sex at birth.
The Employment Code will also be updated to reflect the Supreme Court’s judgment in For Women Scotland once the Services Code has been finalised.
Find out more about For Women Scotland here.
What are the next steps in the process?
The Minister for Women and Equalities confirmed that the draft Services Code will be laid before Parliament “as soon as practicable” after the conclusion of the local elections, which took place on 7 May 2026.
The Services Code will only be laid before Parliament if approved by the Minister.
If and when the Services Code has been approved by the Minister, it will be laid before Parliament and, provided that no one in either House objects to it, it will come into force after 40 days. The earliest the latter could now take place is towards the end of June.
Once the Services Code has been approved, the Employment Code will also be updated along similar lines.
See our earlier articles on the updating of the Services Code here and here.
What should organisations do in the interim?
The Chair of the EHRC has urged organisations not to wait for the formal publication of the Services Code before reviewing and revising their policies to ensure compliance with equalities law.
In addition, the EHRC has already begun regulatory action against organisations whose policies misrepresent the law on access to single-sex spaces and gender self-identification (see our article on this here, and the EHRC’s announcement here).
Pending ratification of the draft Services Code, we understand that both the EHRC and the Government are advising duty-bearers to take specialist legal advice on their obligations, including under the EqA and the Human Rights Act 1998.
Employers, membership associations, educational bodies and service providers alike should take this opportunity to review relevant policies and prepare for updated guidance, seeking legal advice where necessary.
If you would like to discuss anything outlined in this article, please get in touch and our team of experienced Employment lawyers would be happy to help.
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 advice.