The Equality and Human Rights Commission has published its first major update to the code of practice for services, public functions and associations since the original was issued in 2011. The government has now laid the draft before parliament. If neither house rejects it within 40 sitting days, the secretary of state can bring it into force. For employers, service providers, and anyone responsible for workplace policy, this is one of the most significant equality law developments in years.
This is not a minor revision. The updated code reflects over a decade of legislative change and case law development, including the legalisation of same-sex marriage, significant developments in the legal definition of disability, and the Supreme Court's landmark ruling that the word "sex" in the Equality Act 2010 refers to biological sex. It also incorporates previously separate technical guidance on age discrimination, bringing everything under one roof for the first time.
Whether you run a small business with a handful of staff or manage a large public-facing operation, the updated code will shape how equality law is interpreted and applied in practice. Courts and tribunals are required to take it into account when considering relevant cases. That means it directly affects your legal exposure, your policies, and the way you deliver services.
What Is the Code of Practice?
The EHRC's code of practice is not legislation in its own right. It is statutory guidance that explains how the provisions of the Equality Act 2010 should be applied in practice. Think of it as the authoritative instruction manual for the Act. It tells service providers, public bodies, and associations what the law requires of them, how to interpret key concepts, and what good practice looks like.
Crucially, courts and employment tribunals must take the code into account when deciding cases that fall within its scope. While they are not legally bound to follow it in every instance, departing from the code without good reason would be difficult to justify. In practice, the code carries substantial legal weight.
The previous code was issued in 2011, shortly after the Equality Act came into force. In the fifteen years since, the legal landscape has shifted considerably. Legislation has changed, the courts have delivered significant rulings on the meaning of key terms, and societal understanding of issues like disability, gender reassignment, and sex-based rights has evolved. The updated code reflects all of this.
For employers, the practical implication is straightforward: the code is the benchmark against which your policies, procedures, and service delivery will be measured. If a tribunal finds that your organisation has acted inconsistently with the code, that will be a significant factor in any judgment against you.
What Has Changed?
The updated code is a comprehensive revision, not a set of minor tweaks. The key areas of change reflect some of the most contested and consequential areas of equality law.
Definition of sex
Following the Supreme Court's ruling in For Women Scotland v Scottish Ministers, the updated code confirms that references to sex in the Equality Act 2010 mean biological sex. This has significant implications for how services are designed and delivered, particularly single-sex services. Service providers now have clearer guidance on the legal basis for offering services restricted to one biological sex, and on the circumstances in which such restrictions may be proportionate.
Single-sex services
The code provides greater detail on when and how service providers may lawfully offer single-sex services. It sets out the considerations that must be weighed, including the importance of privacy, dignity, and safety, and explains the conditions under which restricting a service to one sex is a proportionate means of achieving a legitimate aim.
Gender reassignment
The code reiterates that gender reassignment remains a protected characteristic under the Equality Act. People who are proposing to undergo, are undergoing, or have undergone a process to reassign their sex continue to be protected from discrimination. The update makes clear that the clarification of sex as biological sex does not remove or diminish protections for those with the gender reassignment characteristic.
Definition of disability
The code incorporates significant developments in case law on what constitutes a disability under the Equality Act. There is now greater clarity on hidden impairments, fluctuating conditions, and neurodiverse conditions, all of which may meet the legal definition of disability. The code also provides updated guidance on what reasonable adjustments service providers are required to make.
Age discrimination
Previously separate technical guidance on age discrimination has been folded into the main code. This means that all guidance on the nine protected characteristics is now available in a single, consolidated document, making it easier for service providers to understand their obligations across the board.
Disability: Hidden Impairments, Fluctuating Conditions and Neurodiversity
One of the most important areas of the updated code is the expanded guidance on what constitutes a disability under the Equality Act. For employers and service providers, this section deserves careful attention. It directly affects how you assess, support, and make adjustments for people with a wide range of conditions.
Key updates on disability in the code
- Hidden impairments: The code provides greater clarity on conditions that are not immediately visible but may nonetheless have a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities - including epilepsy, diabetes, chronic pain, and mental health conditions. The absence of a visible impairment does not mean the absence of a disability.
- Fluctuating conditions: A condition can qualify as a disability even if its effects fluctuate, provided the overall impact meets the statutory threshold. An employee who appears well on one day may still be disabled within the meaning of the Act.
- Neurodiverse conditions: The code now explicitly acknowledges that autism, ADHD, dyslexia, and dyspraxia may meet the definition of disability under the Equality Act. Employers must take neurodiversity seriously as a potential disability and consider reasonable adjustments for employees and service users with these conditions.
- Reasonable adjustments: The duty to make reasonable adjustments applies where a provision, criterion, or practice puts a disabled person at a substantial disadvantage. The updated code provides fresh guidance on what this means in practice, particularly in relation to hidden impairments and neurodiverse conditions.
The overarching message is one of vigilance and empathy: disability takes many forms, not all of them visible, and the legal framework now explicitly recognises this breadth. Employers who continue to operate with a narrow or outdated understanding of disability are exposing themselves to significant legal risk.
Single-Sex Services and Gender Reassignment
This is perhaps the area that has attracted the most public attention, and the updated code aims to provide clarity in what has been a legally and socially contested space.
The Supreme Court's ruling that sex in the Equality Act means biological sex has significant implications for how single-sex services are provided. The updated code sets out the framework for service providers to follow when considering whether to offer a single-sex service, including the factors that must be weighed and the circumstances in which restricting access to one biological sex may be a proportionate means of achieving a legitimate aim.
At the same time, the code is clear that protection from discrimination for people with the gender reassignment characteristic continues in full. The Equality Act protects anyone who is proposing to undergo, is undergoing, or has undergone a process to reassign their sex. This protection is not diminished by the clarification of the definition of sex.
For employers, the practical takeaway is this: you need to understand both sets of protections. A blanket policy that ignores either the rights of people on the basis of their biological sex or the rights of people with the gender reassignment characteristic is unlikely to be lawful. The code provides the framework for getting the balance right, and your policies should reflect that framework.
Gender Pay Reporting Updates
Alongside the updated code of practice, the EHRC has also updated its guidance on gender pay gap reporting. The key changes are terminological but carry practical significance. References to recording employees' gender have been changed to recording employees' sex, aligning the reporting framework with the Supreme Court's ruling.
For employees who hold a gender recognition certificate, the updated guidance provides specific direction on how to record their sex for pay reporting purposes. References to gender in the underlying calculations have also been updated to sex.
Action point: If your gender pay gap reporting currently uses the term gender rather than sex, update your processes, templates, and internal guidance to reflect the change. Ensure that HR teams understand the distinction and that data collection forms are updated accordingly.
What This Means for Employers
Although the code of practice focuses on services, public functions, and associations rather than employment specifically, its implications for employers are substantial. The principles established in the updated code will inevitably influence how employment law is interpreted and applied.
Actions to take now
- Policy review: Review all equality, diversity, and inclusion policies against the updated code. Policies drafted in line with the 2011 code may now be out of date - particularly disability and reasonable adjustment policies, and any policies that reference gender where they should now reference sex.
- Manager training: Managers must understand the expanded definition of disability, including hidden impairments and neurodiversity, the distinction between sex and gender in the context of the updated code, and the continued protections for those with the gender reassignment characteristic.
- Data and reporting: Review how you collect and report data relating to sex and gender. Ensure gender pay gap reporting processes are aligned with the updated EHRC guidance. Update forms, templates, and systems where necessary.
- Reasonable adjustment processes: Are you considering hidden impairments? Are you accounting for fluctuating conditions? Are neurodiverse conditions being properly assessed and supported? These are the questions the updated code expects you to be able to answer.
- Culture and communication: Changes in law and guidance are only effective if they are communicated clearly and embedded in organisational culture. Make sure your workforce understands that the equality landscape is evolving.
Key Takeaways
- The updated code is happening now. The draft has been laid before parliament. If not rejected within 40 sitting days, it can be brought into force. This is not a distant possibility.
- Sex means biological sex. Following the Supreme Court's ruling, the code provides updated guidance on single-sex services, enquiries about sex, and gender pay reporting. Employers and service providers must ensure their policies reflect this clarification.
- Disability protections have been strengthened. The code now explicitly addresses hidden impairments, fluctuating conditions, and neurodiverse conditions. Employers who operate with a narrow understanding of disability are at increased legal risk.
- Gender reassignment protections remain in full force. The clarification of sex does not diminish protections for those with the gender reassignment characteristic. Policies must respect both sets of rights.
- Gender pay gap reporting terminology has changed. References to gender have been replaced with sex. Employers should update their data collection, reporting processes, and internal terminology accordingly.
- Courts and tribunals must take the code into account. This is the benchmark against which your policies and practices will be measured if a claim is brought. Getting ahead of it now is both a legal and a commercial imperative.
This article is for general information purposes and does not constitute legal advice. The information presented is based on publicly available details regarding the EHRC's updated code of practice for services, public functions and associations. Employers should seek professional guidance on specific issues. Information is accurate as at May 2026.