Today, the long awaited new EHRC Code of Practice has been formally laid before Parliament under section 14 of the Equality Act 2006, prompted by the Supreme Court For Women Scotland ruling in April 2025.
This moment follows approval by the Secretary of State and marks another step forward in the statutory process - particularly significant after last year’s draft was sent back for further revision. If neither House objects within 40 days, the Code will come into force on 30 June 2026.
The Code applies to services, public functions and associations, but it does not extend to every context in which the meaning of “sex” under the Equality Act arises, such as employment. Despite not being law in itself, its influence should not be underestimated. The Code can be relied on as evidence in Equality Act proceedings, and courts and tribunals must take into account any relevant provisions. In practice, it is likely to play a significant role in shaping how the law is understood and applied.
Many organisations have been waiting for this moment to guide their next steps – including charities, following the Charity Commission stating that it “can be a reasonable decision for trustees to await the final statutory guidance.” However, uncertainty won’t disappear. The legal landscape remains complex and while the Code is an important development, it is not the final word. Courts and tribunals retain the authority to interpret the law, and further developments are inevitable.
You can find a copy of the Code, as laid before Parliament, here.
Get in touch
If you have any questions how the UK Supreme Court’s decision affects you or your organisation, or if you would like a confidential chat, you can contact our experts at Russell-Cooke by telephone on +44 (0)20 3826 7479 or complete our enquiry form.