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ARTICLE · 01 JULY 2026

Great Britain: Updated Draft EHRC Code Of Practice For Services, Public Functions And Associations

Littler Mendelson
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The Equality and Human Rights Commission has laid its draft Code of Practice for services before Parliament, introducing substantial changes following the For Women Scotland Supreme Court ruling on biological sex definitions. While primarily governing service provision rather than workplace discrimination, the updated guidance may offer valuable insights for employers navigating the practical implications of recent case law developments in this evolving area.

United KingdomEmployment and HR
Stephanie Compson
Stephanie Compson
Paul Harrison
Paul Harrison
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The Equality and Human Rights Commission (EHRC) laid its draft Code of Practice for services, public functions and associations (“Services Code”) before Parliament on May 21, 2026, for approval.

Although it does not apply to workplace discrimination or harassment, which is governed by different provisions of the Equality Act 2010 (“EA 2010”), it may still assist employers and will be directly relevant where a business is providing services to the public.

Updates to the Services Code

The updates to the Services Code are primarily to reflect legislative changes, developments in case law, a change or clarification of terminology, or new guidance since the original code was published in 2011. There are updates in relation to disability, maternity and pregnancy discrimination, but the most substantial changes relate to the decision in the For Women Scotland case (the UK Supreme Court ruled that the terms “sex,” “man” and “woman” in the EA 2010 should refer to biological sex (i.e., the

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