The UK Government and the Equality and Human Rights Commission (EHRC) have published a new draft Code of Practice for services, public functions, and associations under the Equality Act 2010.
This matters because the Code explains how organisations should apply equality law in practice — including schools, colleges, councils, charities, businesses, leisure providers, and membership organisations.
What is this Code?
The Code is official guidance designed to help organisations:
- understand their legal duties
- avoid discrimination
- make reasonable adjustments
- apply equality law consistently
- support courts in interpreting the law
Although it is guidance rather than primary legislation, courts can take it into account in legal cases.
To whom does it apply?
The draft Code applies to:
- public services
- local authorities
- charities and voluntary organisations
- shops, restaurants, and hotels
- healthcare providers
- sports and leisure facilities
- associations and clubs with 25+ members
- organisations delivering public functions
It also applies to services delivered online, including websites.
The 9 Protected Characteristics
The Equality Act protects people from discrimination linked to:
- age
- disability
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- race
- religion or belief
- sex
- sexual orientation
However, this Code does not cover marriage and civil partnership protections in services/public functions contexts.
Key Change: Single-Sex Services and “Biological Sex”
Much of the public discussion focuses on updated guidance following a UK Supreme Court ruling about how “sex” is interpreted under the Equality Act.
What the draft guidance says
The draft Code states that:
- single-sex services can lawfully operate based on biological sex
- organisations may exclude trans people from some single-sex spaces where this is proportionate and justified
- providers should still consider dignity, safety, and alternative arrangements
- gender-neutral or mixed facilities may help reduce exclusion
Examples discussed publicly include toilets, changing rooms, refuges, healthcare settings, and leisure facilities.
Why is this controversial?
Different groups have responded very differently.
Some organisations say the guidance:
- provides clearer legal direction
- protects single-sex services
- reflects the Supreme Court ruling accurately
Others argue the Code:
- could increase exclusion for trans people
- may create confusion in public settings
- risks inconsistent implementation
- could negatively impact dignity and belonging
There has also been strong public reaction online and across equality organisations.
Important Reminder: Trans People Still Have Legal Protection
The Equality Act still protects people with the protected characteristic of gender reassignment.
That means organisations must still:
- prevent harassment
- avoid victimisation
- avoid unlawful discrimination
- consider inclusive and proportionate approaches
The Code does not remove all protections for trans people.
Disability and Reasonable Adjustments Still Matter
The Code also reinforces duties around disability inclusion.
Organisations must continue to:
- make reasonable adjustments
- remove barriers
- consider accessibility proactively
- adapt services where appropriate
This includes physical spaces, communication methods, and digital services.
Positive Action is Still Allowed
The draft guidance confirms organisations can still take proportionate positive action to:
- reduce disadvantage
- meet different needs
- increase participation for underrepresented groups
This remains an important part of equality work.
What Should Organisations Be Doing Now?
1. Review Policies
Check policies linked to:
- inclusion
- toilets/changing rooms
- safeguarding
- complaints
- accessibility
- equality impact assessments
2. Train Staff
Staff need confidence to:
- respond appropriately
- manage sensitive conversations
- understand protected characteristics
- reduce discrimination risks
3. Avoid “One Size Fits All”
The Code repeatedly refers to proportionate and context-specific decision-making.
Blanket approaches may create legal risks.
4. Keep Inclusion Central
Legal compliance should not come at the expense of dignity, respect and belonging.
Good organisations will balance:
- legal obligations
- psychological safety
- accessibility
- practical implementation
- human impact
Why This Matters for Leaders
This draft Code is likely to affect:
- HR teams
- governors
- trustees
- senior leaders
- EDI leads
- colleges and schools
- charities and public services
Leaders will need clear communication, careful implementation, and ongoing review.
Final Thoughts
The new draft Code is one of the most significant updates to Equality Act guidance in years.
It reinforces that equality law is complex and requires organisations to balance rights carefully, thoughtfully, and lawfully.
For many organisations, the challenge now is not simply “what is legal?” — but also:
“How do we create environments that are lawful, safe, respectful and inclusive for everyone?”
Read the full draft Code here: GOV.UK Draft Code of Practice
Further coverage: The Guardian explainer EHRC guidance coverage
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