- Government lays the Equality and Human Rights Commission’s (EHRC) draft updated Code of Practice in Parliament
- The draft Code provides guidance to make the law clearer for service providers and others, protecting people’s rights across England, Scotland and Wales.
- The approach is practical and proportionate, ensuring everyone can access services safely, free from harassment, and with dignity.
The Minister for Women and Equalities, Bridget Phillipson, has laid the Equality and Human Rights Commission’s (EHRC) draft updated Code of Practice for Services, Public Functions and Associations in Parliament.
Following the Supreme Court judgment which said that, for the purposes of the Equality Act 2010, sex means biological sex and that trans people are still protected by the Act under the protected characteristic of gender reassignment, the EHRC draft Code’s content on sex and gender reassignment has been updated.
Organisations should continue to follow the law as clarified by the Supreme Court, taking specialist legal advice if needed. The draft Code gives organisations clear, workable guidance which will enable them to take a pragmatic approach to protecting and serving the needs of our society. Following EHRC’s consultation with a range of services, the draft Code supports providers in ensuring they can make practical, and ultimately sensible decisions for every day scenarios, such as toilet provision.
Bridget Phillipson MP, Minister for Women and Equalities said
The Equality Act enshrines our rights in law so that people can live free from discrimination and harassment.
Our focus has always been making sure organisations have clear, accessible guidance on how to implement the law.
I thank the EHRC for their work updating the draft Code of Practice, and look forward to continuing to work with them to ensure people’s rights are upheld across our country.
The government is proud of the Equality Act 2010 and will protect and uphold it. The draft Code is an important supplement to ensure organisations across Great Britain have clear and workable guidance on its implementation, to protect people’s rights across our country. It covers all 9 protected characteristics in the Equality Act 2010.
The EHRC updates to the Code reflect changes in the law since 2011, including the Supreme Court clarification on the definition of sex for the purposes of the Equality Act 2010. Other changes include
- new protections for women whose menopause has a significant impact on their everyday life
- updates to reflect legislative changes on same-sex marriage
- clarification that women who breastfeed are also protected from harassment
A number of other changes were made as part of updating the 2011 Code of Practice across all protected characteristics, including highlighting protections for disabled people, and advice on pregnancy and maternity discrimination as well as age discrimination.
Breaking down the barriers to opportunity is at the heart of this government’s mission for national renewal. By clearly setting out the law across all protected characteristics, the draft Code will help organisations make sure that everyone has a fair shot in life.