The Code of Practice for Services, Public Functions and Associations

We are not lawyers and do not give legal advice.

This page includes:

• an explanation of what the EHRC’s Code of Practice
• how it impacts trans and non-binary people
• what we can do next
• a timeline of how the Code came into effect

It should not be read as directive, and those who have duties under the Equality Act should obtain legal advice where required.

What is the Code of Practice?

The Code of Practice for Services, Public Functions and Associations (“the Code”) is a piece of statutory guidance produced by the Equalities and Human Rights Commission (EHRC) to help different kinds of organisations to understand their obligations under the Equality Act 2010. You can read it in full here.

The Code is not the law itself, but it describes how the EHRC understand the law to work. Courts and Tribunals are directed to take the Code into consideration wherever they think it is relevant to deciding discrimination cases. It will be widely relied upon by relevant organisations (services, public bodies and associations of more than 25 people) to ensure they follow the law.

The Code covers many aspects of the Equality Act 2010 across its nine protected characteristics, including gender reassignment (which covers trans people) and sex, and the law regarding discrimination and harassment based on these as it applies to things like providing services. Separate Codes of Practice cover how the Equality Act applies in different situations, such as workplaces and schools.

A previous version of the Code was produced by the EHRC in 2011, but they produced this updated version in response to the Supreme Court judgment on the meaning of “sex” in the Equality Act in 2025. This updated version of the Code was approved by the UK Government on 21^st May 2026, and came into effect on August 5^th. The EHRC has said it is also producing updates to the other Codes of Practice too. See below for a short summary of what the Code says and a timeline of its introduction.

We produced a detailed initial analysis of the Code shortly after it was published which you can read here.

What does the Code say about how trans people should be treated?

The Code’s description of how trans people should be treated has changed drastically from the previous version published in 2011, largely as a result of the Supreme Court judgment.

Previously, the Code said that in single-sex or separate-sex services, trans people should generally be included in line with our gender identity, and that treating us less favourably or excluding us should only be done where this was a proportionate means of achieving a legitimate aim. This was the case whether or not a trans person had a Gender Recognition Certificate.

Because of the Supreme Court ruling, “single-sex” or “separate-sex” now means on the basis of “biological sex” (defined as a person’s “sex at birth”.)

As a result of this, it says that:

• services provided separately to men and women must be provided on the basis of “sex at birth”, and cannot include trans people in line with our gender identity
• trans people can also be excluded from services provided separately to men and women in line with our “sex at birth” where we might cause “discomfort or distress” to others
• services that operate a policy where they are only open to e.g. cis and trans women, or cis and trans men, are very likely to be unlawful
• trans people can’t be left with no services at all where they are necessary (although the only example given is toilets), but the Code generally recommends that we are segregated into third spaces and services away from others

 

Some of the key services impacted by this include: toilets, changing rooms, hospital wards, gender based violence services, and homelessness accommodation.

The Code does describe different rules for associations, because these are described differently in the Equality Act. It says that associations can still be trans inclusive if they are clear about this in their constitution (the rules describing who it is for) – for example a craft club could say its membership is open to women and trans people. However, if the association provides a service, then this must still operate in line with the rules on how trans people are treated by services.

Some organisations believe that this is an inaccurate description of the law, and are planning to challenge the Code in court (for example TransLucent and Good Law Project.)

What can we do to make life better for trans and non-binary people?

We think that this Code represents a serious rollback on the rights of trans and non-binary people, and impacts our ability to go about our daily life as well as access emergency services when we need them.

We do not think it will work for our community to always be treated as our “sex at birth”, and that in many cases this will lead to our total exclusion from services, or in trans and non-binary people withdrawing from public life and no longer trying to use these services. This is how we were treated before, and it did not work then, so we do not think it will work now.

As the Code is so unclear and ambiguous in many of the areas it describes, it is also very difficult for organisations seeking to implement it, and we believe that it leaves them vulnerable to legal action both on the basis of sex and gender reassignment.

Whether the problem is with the Code itself or the Supreme Court judgment, it is clear that the law needs to change. It is completely untenable to have a legal framework that says that trans people can never use services, or more widely participate in public life, in line with who we truly are, especially when this is obviously at odds with how the law was intended to work.

We know that these changes are likely to have an enormous impact on trans people. To help us understand what is happening, and make sure we can make the case for changes to the law and policies to allow trans people to be treated as who we truly are, please let us know about any problems you are having by reporting them to TransActual’s gendered spaces tracker. You can let them know you’re happy for them to share your experiences with us.

Transactual have also produced this very helpful know your rights guide which covers things like trans and non-binary people’s rights when using single and separate sex spaces and when at work.

Code of Practice Timeline

2025

16^th April – The Supreme Court gave its decision in the case of For Women Scotland Ltd v Scottish Ministers, finding that “sex” in the Equality Act always means “sex at birth”.

25^th April – The EHRC issued an “interim update” on their website regarding the impacts of the Supreme Court judgment on service provision. This was later taken down following legal action against them by the Good Law Project, although the action was unsuccessful.

20^th May – The EHRC opened a public consultation seeking views on their draft proposals for an updated Code of Practice based on the outcome of the Supreme Court judgment. After an extension, the consultation closed on 30^th June. You can read our full response to the consultation here and the EHRC’s report on their consultation here.

We published a joint statement with other Scottish LGBTQIA+ orgs about why we were cautious about engaging with the EHRC as part of this process, and a letter setting out why we declined an invite to a Q&A event they held. We also later sent a submission to GANHRI Sub-Committee on Accreditation raising many of these concerns.

1^st September – We signed a joint letter with over 80 other organisations calling for proper parliamentary scrutiny of the Code in the UK Parliament, as there was no guarantee for a vote or debate.

5^th September – The EHRC announced that they had completed their analysis of consultation responses and handed their amended Code of Practice to the UK Minister for Equalities Bridget Phillipson. They did not publish the responses, the amended Code or their analysis at this time – the analysis was not published until 21^st May 2026.

2026

14^th April – After 7 months, the EHRC sent a final updated version of the Code to the UK Minister for Equalities.

21^st April – The Minister for Equalities approved the updated Code, laying it before UK Parliament for 40 days and making it available to the public in full for the first time, just over a year after the Supreme Court judgment. You can read the Minister’s statement on the Code here and our analysis here.

1^st June – Nadia Whittome MP tabled a motion in the UK Parliament calling for the Code to be disapproved. The motion received 167 signatures from MPs across several different parties, making it the most signed motion of its kind since the general election, with 1 in 4 MPs signing. We launched a tool in collaboration with TransActual and Trans+ Solidarity Alliance which almost 20,000 people used to email their MP to encourage them to support the motion and speak out against the code.

9^th June – The Chair and Chief Executive of the EHRC gave evidence to the UK Parliament’s Women and Equalities Select Committee on the Code of Practice.

9^th July – The 40 day period of the Code being laid before UK Parliament ended without a vote or debate being held, despite widespread support for Nadia Whittome’s motion. You can read our joint statement on this with Trans+ Solidarity Alliance and TransActual here.

15^th July – The UK Minister for Equalities and the EHRC took the final step to commence the Code.

5^th August – The Code of Practice came into effect. You can read our joint statement on this with Trans+ Solidarity Alliance and TransActual here.