The Equality and Human Rights Commission has opened a consultation on their code of practice for services, public functions and associations.
This consultation is a chance to provide feedback on the changes made to the code of practice following the UK Supreme Court ruling on 16 April 2025 in For Women Scotland Ltd v The Scottish Ministers (For Women Scotland). The ruling states that the definition of sex in the Equality Act 2010 should be interpreted as ‘biological’ sex only. This means that, for the purposes of that Act, a person’s legal sex is the one that was recorded at their birth.
The previous interpretation adopted by the courts allowed that anyone with a Gender Recognition Certificate (GRC) ought to be considered the sex stated on that document in the eyes of the law. Under the new ruling, a GRC does not change a person’s legal sex for Equality Act purposes.
What is Being Consulted On?
Drafting of the new code began before the ruling was made and some of the information in it has therefore changed. It is these changes that require feedback. Changes have been made across several parts of the code, as well as a number of changes that apply across the whole code.
The EHRC plays a vital role in ensuring everybody’s rights are protected in line with the law, so that no one experiences discrimination or harassment as a result of their protected characteristic when using services.
You can find out more and take part in the consultation here.
