The code of practice governing how businesses and public bodies must comply with the Equality Act has been updated for the first time in 13 years, with the new guidance running to more than 300 pages. Laid before Parliament in May 2026, the comprehensive rewrite replaces advice that had stood since 2011 and aims to give organisations a clearer picture of their legal obligations under the 2010 Act.
The update comes against a backdrop of significant legal and political developments, most notably a unanimous Supreme Court ruling in April 2025 that determined the terms “woman” and “sex” within the Equality Act refer to biological sex. That judgment has forced a re-evaluation of how sex-based rights and single-sex spaces operate, and the new code of practice is the first official guidance to incorporate its implications.
The nine protected characteristics
The Equality Act 2010 sets out nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The updated code covers all nine, but particular attention has been paid to several of them in light of recent case law and public debate.
Sex has been at the centre of the controversy. Following the Supreme Court’s ruling, the code makes clear that references to “woman” and “sex” in the Act mean biological sex. This has direct implications for the provision of single-sex services such as toilets, changing rooms, and hospital wards. The guidance is intended to help organisations make practical, sensible decisions in everyday scenarios, taking a pragmatic approach rather than a rigidly literal one.
Gender reassignment remains a protected characteristic in its own right. The code reiterates that discrimination, harassment, and victimisation on grounds of gender reassignment are still unlawful. The protected characteristic applies to anyone who is proposing to undergo, is undergoing, or has undergone a process to reassign their sex. Crucially, following the case of Taylor v Jaguar Land Rover Ltd (2020), this protection extends to non-binary and gender-fluid individuals. While sex is defined biologically, trans people retain full protection under gender reassignment – a distinction the code is designed to balance.
Disability and race are covered in the usual way, with the code providing updated examples and guidance on reasonable adjustments and equal treatment. Age, too, is addressed, and the code notes that organisations must avoid age-based discrimination in the provision of services and public functions.
The other four characteristics – marriage and civil partnership, pregnancy and maternity, religion or belief, and sexual orientation – are also included in the code, though the most extensive new material concerns the interplay between sex and gender reassignment.
Scope and practical application
The code of practice applies to services, public functions, and associations – a broad category that includes everything from high-street shops and leisure centres to government departments and membership organisations. Its purpose is to help those bodies understand and comply with the Equality Act, promoting equality of opportunity and fostering good relations between different groups.
The guidance covers shared facilities for both service users and staff, and provides specific examples for sectors such as sports and physical activity. It notes that service providers can continue to include trans people in their services if they wish, though such a policy might not qualify as a “single-sex service” under the Act if it admits people of both biological sexes.
The Equality and Human Rights Commission (EHRC) developed the guidance in conjunction with government lawyers. The process has been influenced by a notable shift in the commission’s approach under its new chair, Mary-Ann Stephenson, who is seen as more willing to listen to concerns than her predecessor, Kishwer Falkner. Falkner’s interim advice had previously caused alarm among trans advocacy groups for potentially excluding trans people from public life. The revised code is intended to lessen the impact on businesses while balancing the needs of single-sex spaces with the rights of trans people.
Earlier legal interventions have shaped the landscape. In April 2025, the EHRC issued interim guidance that faced criticism and a legal challenge from the Good Law Project, which argued the guidance was overly literal and potentially unlawful. The EHRC was subsequently forced to amend its draft statutory guidance. Another key case, Forstater v CGDE, established that a belief that men are male and women are female is itself protected under the Equality Act, meaning employers and service providers must not discriminate against people holding that belief.
Reactions and concerns
The updated code has drawn a range of responses. Trans rights activists have expressed concern that the guidance could lead to the segregation of trans people and may not adequately protect their participation in public life. Some have warned of an increased risk of violence against trans and non-binary individuals. A coalition of mental health charities has cautioned that the new rules on single-sex spaces could pose a significant risk to the mental health of trans and non-binary people, pointing to already high rates of mental ill health driven by stigma and exclusion.
Women’s rights campaigners have taken a different view. Groups such as the Women’s Institute and Girlguiding have altered their policies regarding trans members, citing legal advice and the Supreme Court’s interpretation of “sex” under the Equality Act. They welcome the clarity provided by the ruling, which they describe as an important turning point in the debate about sex and gender identity.
The government has stated its commitment to upholding the Equality Act 2010 and ensuring that people’s rights are protected across the country. The updated code, it says, is designed to help organisations make lawful decisions while balancing the needs of different groups. The EHRC has emphasised that the code offers clear, workable guidance enabling a pragmatic approach to protecting and serving the needs of society.
