The Equality and Human Rights Commission (EHRC) has recently found itself at the centre of a political and legal debate. Following updates to the EHRC Code of Practice and growing parliamentary scrutiny, employers across the UK are paying close attention to what these developments could mean for workplace policies, compliance obligations, and employee relations.

While public discussion has focused on single-sex spaces and transgender rights, the implications extend beyond a single issue. The updated guidance represents an important development in how organisations interpret and apply the Equality Act 2010. In particular, it concerns protected characteristics in the workplace.

If you’re concerned about how the proposals could affect your workplace rights or responsibilities, seeking specialist legal advice is recommended. Whether you’re an employer reviewing workplace policies or an employee navigating equality issues, obtaining clear guidance is essential.

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What Is the EHRC Code of Practice?

The Equality and Human Rights Commission is the UK’s independent regulator responsible for promoting and enforcing equality legislation. Its statutory Codes of Practice provide authoritative guidance on how organisations should comply with the Equality Act 2010. Although these codes don’t create new law, courts and tribunals can take them into account when considering discrimination claims. This makes them an important source of Equality Act 2010 guidance for employers.

The latest draft Code of Practice for services, public functions and associations was laid before Parliament in May 2026. It followed extensive consultation and revisions prompted by the Supreme Court’s For Women Scotland Ltd v Scottish Ministers 2025 ruling. The ruling clarified that, for the purposes of the Equality Act, the terms “sex”, “woman”, and “man” refer to biological sex.

Although the Code currently relates to services and public functions rather than employment specifically, the principles and legal interpretations it contains are expected to influence future workplace guidance and employer decision-making. The EHRC has also indicated that employer-focused guidance will be updated to reflect these legal developments.

What Are the Proposed Updates to the EHRC Code of Practice?

The most widely discussed changes concern how organisations should interpret sex-based protections under the Equality Act.

The updated EHRC Code of Practice reflects the Supreme Court’s interpretation that sex within the Act means biological sex. It provides guidance on the operation of single-sex services. It also clarifies the circumstances in which service providers may lawfully restrict access based on sex. That is, provided that doing so is proportionate and pursues a legitimate aim.

The revised guidance also addresses the legal position of individuals with Gender Recognition Certificates (GRCs). It confirms that a GRC doesn’t alter a person’s legal sex for the purposes of the Equality Act. This clarification has generated significant discussion among employers and equality practitioners. In particular, questions have been raised regarding how organisations balance the rights of individuals with different protected characteristics.

Beyond issues relating to sex and gender reassignment, the draft Code includes broader updates across the Equality Act framework. These include modernised guidance covering all protected characteristics, and updated references to same-sex marriage. It also covers expanded consideration of menopause-related discrimination, and strengthened explanations of existing protections relating to pregnancy, maternity, and breastfeeding.

For employers, the key takeaway is that the Code seeks to provide greater clarity around balancing competing rights and protected characteristics in the workplace and wider society. While many organisations already have equality, diversity, and inclusion policies in place, the updated guidance may prompt a review of how those policies are applied in practice and whether existing procedures align with the latest interpretation of the law.

Why Has Parliament Become Involved?

The Code’s progression through Parliament has generated considerable debate and attracted significant political attention.

Under the Equality Act 2006, a statutory Code of Practice must be laid before Parliament before it comes into force. Parliament then enters a scrutiny period, during which a resolution to disapprove the Code can be passed before it’s adopted.

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In June 2026, over 100 MPs supported an Early Day Motion (EDM) challenging the draft Code, calling for its rejection. Those backing the motion argued that certain aspects of the guidance could prove difficult to implement in practice. They also claimed it may create uncertainty for organisations attempting to comply with their legal obligations.

The parliamentary opposition reflects broader concerns expressed by campaigners, trade unions, equality groups, and some politicians. Collectively, they believe the guidance could have unintended consequences for transgender individuals and employers navigating complex workplace issues. Others have argued that the Code simply reflects the legal position established by the Supreme Court and provides much-needed clarity in an area that has often been characterised by confusion and conflicting interpretations.

Although Early Day Motions rarely result in direct legislative action, they’re often used to highlight concerns and gauge parliamentary support. The level of backing for this motion demonstrates that the Code has become a significant issue, extending beyond legal interpretation.

The Significance of the Government’s Position

The government’s approach to the EHRC Code of Practice is significant because it demonstrates a commitment to providing updated guidance following the Supreme Court ruling.

Ministers have repeatedly emphasised the need for employers, service providers, and public bodies to have clear guidance on how to comply with the Equality Act 2010 in light of recent legal developments. By allowing the revised Code to progress through the parliamentary process, the government has signalled the necessity of updated statutory guidance despite ongoing criticism.

The decision to proceed is also important because statutory Codes of Practice carry considerable weight in legal proceedings. While they do not create new obligations, they help explain how existing legislation should be interpreted and applied. This means employers often rely on them when developing policies, managing workplace disputes, and assessing compliance risks.

The government’s actions therefore suggest that organisations should prepare for a legal and regulatory environment that places greater emphasis on the Supreme Court’s interpretation of sex-based protections under the Equality Act. Whether or not individual employers agree with the direction of travel, understanding the guidance will be essential for maintaining compliance and reducing the risk of future disputes.

What Could This Mean for Employers?

Although the draft EHRC Code of Practice does not directly regulate employment practices, it is likely to influence how employers approach a range of workplace issues.

Many workplace policies intersect with the same Equality Act principles addressed by the Code. Questions surrounding workplace facilities, inclusion initiatives, dignity at work policies, grievance procedures, and harassment prevention all require employers to carefully consider the rights of individuals with different protected characteristics.

As a result, many organisations may decide to review their existing equality, diversity, and inclusion frameworks to ensure they remain aligned with current legal guidance. Employers may also need to provide updated training for managers and HR professionals so they understand how recent developments could affect workplace decision-making.

The evolving guidance reinforces the importance of considering individual circumstances rather than relying on blanket policies. Equality law frequently requires employers to balance competing rights and interests, particularly where employees hold differing beliefs or characteristics that are all protected under the Equality Act 2010.

Employment tribunals will continue to assess whether employers have acted reasonably, proportionately, and in accordance with the law when resolving workplace disputes. Organisations that maintain clear policies, document decision-making processes, and stay informed about legal developments are likely to be in a stronger position should challenges arise.

What Happens Next?

The draft Code remains subject to parliamentary scrutiny and has not yet formally come into force. During this period, Parliament has the opportunity to debate objections and consider concerns raised by MPs and stakeholders.

If the Code successfully completes the scrutiny process, ministers will set a commencement date, and it will become the authoritative statutory Code replacing the existing version. At that point, it is expected that further guidance relating specifically to employment practices will follow, helping employers understand how the principles should be applied in workplace settings.

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Regardless of the outcome, the debate surrounding the EHRC Code highlights the continuing evolution of equality law in the UK. Recent court decisions, changing societal expectations, and ongoing political discussion mean that employers cannot afford to treat equality compliance as a static issue.

Organisations should continue monitoring developments closely and remain prepared to update policies and procedures as new guidance emerges. As the Equality and Human Rights Commission continues to refine its approach, employers that stay informed and proactive will be best placed to navigate future changes with confidence.

EHRC Code of Practice: Our Final Thoughts

The updated EHRC Code of Practice represents one of the most significant developments in Equality Act 2010 guidance. Much of the attention has focused on sex-based rights and gender reassignment. Still, the broader implications extend to how organisations manage equality, inclusion, and legal compliance across the workplace.

The parliamentary challenge to the Code demonstrates that substantial debate remains about how the guidance should be interpreted and implemented. At the same time, the government’s decision to proceed indicates a clear intention to provide organisations with updated guidance.

For employers, the most important step is to remain informed. Understanding the evolving legal landscape, reviewing workplace policies where necessary, and keeping pace with future guidance from the Equality and Human Rights Commission will be essential for ensuring compliance and fostering fair, inclusive workplaces in the years ahead.

Get Help with Redmans

If you have questions about how the new EHRC Code may affect your workplace rights, it’s important to seek advice. Whether you’re an employer or an employee, understanding your legal position is the first step.

At Redmans Solicitors, our specialist employment team can assess your circumstances. Following a consultation, we can then advise on the most appropriate course of action based on your individual situation.

It only takes a moment to get started; simply:

• Call us now on 020 3397 3603
• Request a callback by filling out our online form