Charities are being encouraged to begin preparing for the Equality and Human Rights Commission’s revised Code of Practice on services, public functions, and associations, which is expected to take effect on 5 August 2026.
The Charity Commission has issued a provisional update advising charities to take reasonable steps towards ensuring that their policies, services, and decision-making comply with equality law and the revised Code. It has also confirmed that it is working on more detailed, charity-specific guidance, which it aims to publish in autumn 2026.
For trustees, leaders, managers and trainers, the central message is important: organisations should prepare, but they should not panic or introduce major changes without proper consideration.
What has changed?
In April 2025, the UK Supreme Court ruled in For Women Scotland Ltd v The Scottish Ministers that the terms “man”, “woman” and “sex” in the Equality Act 2010 refer to biological sex for the purposes of that Act. The Court also stressed that trans people remain protected from discrimination under the protected characteristic of gender reassignment.
The EHRC subsequently revised its statutory Code of Practice covering services, public functions, and associations. The updated Code was laid before Parliament on 21 May 2026, and the parliamentary scrutiny period ended on 9 July 2026.
The Code is intended to help organisations understand how the Equality Act applies when they provide services, exercise public functions or operate associations. It does not replace the Equality Act or remove the need to consider the circumstances of individual services and decisions.
What is the Charity Commission saying?
The Charity Commission’s provisional position is that trustees should begin taking steps towards compliance rather than waiting for its charity-specific guidance.
Trustees are responsible for ensuring that their charity acts within the law and in accordance with its charitable purposes. Once the revised Code becomes legally enforceable, unreasonable delays in considering or implementing necessary changes could potentially be treated as a failure of trustee responsibility.
However, this does not mean that every charity must immediately rewrite its governing document, remove inclusive services or redesign its facilities.
The appropriate response will depend on factors including:
- the charity’s legal purposes and governing document;
- the people it exists to benefit;
- the nature of its services;
- safeguarding and privacy needs;
- the impact on different protected groups;
- whether any proposed restriction is lawful, necessary, and proportionate;
- the practical and financial circumstances of the organisation.
A calm, measured and evidence-based response
Third Sector Against Transphobia has urged charities to take a “calm, measured and evidence-based approach” while further charity-specific guidance is awaited.
Its analysis is not legal advice, but it raises a valuable governance point: charities should avoid making rushed constitutional, operational, staffing or service changes without understanding the legal, equality and human consequences.
Many charities, particularly smaller organisations, may not have immediate access to specialist legal advice. This makes good governance, accurate records, and transparent decision-making especially important.
Trustees and leaders should be able to show:
- what information and guidance they considered;
- whose needs and experiences were assessed;
- what risks were identified;
- how different equality impacts were balanced;
- why the chosen approach was considered lawful and proportionate;
- when the decision will be reviewed.
A documented decision-making process will usually be more defensible than a rapid response driven by public pressure, social media commentary, or fear of complaints.
Inclusion and legal compliance are not automatically opposites
One of the risks in the current debate is the suggestion that charities must choose between complying with equality law and being inclusive of trans people.
The position is more complex.
The revised legal interpretation of sex does not remove protection against gender reassignment discrimination. Nor does it mean that trans people can lawfully be subjected to harassment, humiliation, hostility, or blanket exclusion.
Charities must continue to consider the rights, dignity, safety, and access needs of everyone affected by their decisions.
Depending on the service, it may remain possible to provide inclusive or additional services alongside any lawful single-sex provision. Decisions should be based on the charity’s purposes, evidence of need, safeguarding considerations and the statutory tests applying to the particular service.
Blanket policies are unlikely to reflect the complexity of different charities, beneficiaries, and settings.
Toilets and facilities be practical and proportionate
Toilets, changing areas and other facilities are likely to be among the most challenging issues for public-facing charities, venues, and community organisations.
The revised Code encourages organisations to take a holistic approach and consider a range of options. These may include separate facilities, fully enclosed individual cubicles, single-occupancy provision, and clearly signposted facilities that can be used by anyone.
This does not necessarily require an expensive or immediate redesign of buildings.
A practical review could consider:
- the privacy provided by existing cubicles;
- whether additional single-occupancy facilities are available;
- the needs of disabled people, carers, families, and people requiring greater privacy;
- how facilities are described on the organisation’s website;
- whether signage is clear and respectful;
- how staff will respond to concerns;
- how harassment or members of the public attempting to police others will be addressed.
Watershed’s consultation with trans people highlights the importance of clear information, privacy, staff support, and a policy stating that customers should raise concerns with staff rather than confronting or policing one another. It also emphasises the need to train staff to apply policies consistently and de-escalate difficult situations.
Accessible toilets should not automatically become the only alternative offered to trans people. This may place additional pressure on facilities needed by disabled people and could create further exclusion.
Supporting staff and volunteers
Policy changes in this area can create anxiety for staff, volunteers, beneficiaries, and service users.
Organisations should provide employees and volunteers with clear guidance on:
- what the organisation’s policy says;
- how the policy relates to their role;
- what language and behaviour are expected;
- how to respond to questions and complaints;
- when to involve a manager or safeguarding lead;
- how to prevent harassment and maintain confidentiality;
- how to de-escalate conflict;
- where staff can raise concerns or seek support.
Training should not simply repeat legal definitions. It should help people understand how to make fair, respectful, and proportionate decisions in real situations.
Trainers should also avoid presenting uncertain interpretations as settled law. They should distinguish clearly between:
- the Supreme Court judgment;
- the Equality Act itself;
- the statutory Code;
- Charity Commission guidance;
- organisational policy;
- commentary or campaign materials;
- independent legal advice.
Questions trustees and leaders should ask now
Charities do not need to wait until every piece of guidance has been published before beginning a review. However, the review should be structured and proportionate.
Useful questions include:
- Which of our services, membership arrangements or facilities could be affected?
- What do our governing document and charitable purposes require?
- Who are our beneficiaries, and what evidence do we have about their needs?
- Are any services currently described as women-only, men-only or single-sex?
- What safeguarding, dignity and privacy issues arise?
- How might proposed changes affect women, trans people, disabled people, and other groups?
- Are less restrictive or more inclusive options available?
- Do our staff know how to manage complaints and challenging behaviour?
- Have we completed and recorded an equality impact assessment?
- Which decisions require specialist legal advice?
- When will trustees formally review and approve any changes?
Suggested immediate actions
Charities may wish to:
- nominate a trustee or senior leader to oversee the review;
- read the revised EHRC Code and relevant official updates;
- identify affected services, policies, facilities, and membership arrangements;
- check governing documents and charitable purposes;
- consult relevant staff, volunteers, and communities;
- assess equality, safeguarding, privacy, and operational impacts;
- avoid irreversible changes until the evidence and legal basis are clear;
- obtain specialist advice where the risks are significant;
- prepare staff guidance and complaint-handling procedures;
- record the reasoning behind trustee decisions;
- monitor further Charity Commission and EHRC guidance.
The role of trainers and EDI networks
Trainers and EDI networks have an important role in supporting informed discussion.
This means creating learning spaces where people can explore the law without dehumanising the people affected by it. It also means challenging misinformation, acknowledging uncertainty, and recognising that different charities may reach different lawful conclusions because their purposes, services and beneficiaries are different.
Training should reinforce that:
- compliance must be based on evidence rather than panic;
- trans people retain legal protection from discrimination and harassment;
- women’s rights, privacy, and safety must be carefully considered;
- disabled people’s access must not become an afterthought;
- no one should be encouraged to confront, inspect, or police other service users;
- respectful communication and clear escalation processes are essential;
- trustee decisions must be connected to charitable purposes and public benefit.
Clarity, not confusion
Charities exist to create public benefit. Their response to the revised Code should reflect that purpose.
The sector needs further practical guidance, including realistic case studies for different types and sizes of charity. In the meantime, responsible organisations should resist pressure to make rushed or symbolic changes.
The most appropriate approach is to prepare carefully, gather evidence, consider the impact on everyone involved, document decisions and keep policies under review.
Legal compliance, good governance, safeguarding, dignity, and inclusion should not be treated as competing ambitions. They are all part of responsible charitable leadership.
This blog is intended as a general educational briefing and does not constitute legal advice. Charities should obtain appropriate specialist advice where decisions involve significant legal, safeguarding, employment, or regulatory risk.