Russell-Cooke instructed by TransLucent in challenge to the EHRC's Code of Practice

While the Statutory Code of Practice is not itself law, it plays a critically important role in explaining how the Equality Act 2010 should be understood and applied in practice. It is relied upon every day by service providers, public authorities, associations and individuals -most of whom are not lawyers and are entitled to assume that guidance issued by the UK's equality regulator accurately reflects the law. Courts must also take the Code into account when determining issues to which it relates. It is therefore essential that the Code provides clear and legally accurate guidance so that those making decisions are not misled and exposed to legal risk. The EHRC has a statutory responsibility to provide authoritative guidance on equality law. Our client's position is that the draft Code fails to meet that standard, creating confusion about the legal position and undermining confidence in the accessibility and accuracy of legal guidance. This case concerns whether the EHRC has properly discharged its public law duties in producing the Code and, more broadly, the public's ability to understand and comply with the law.