26/05/2026

Headline news on 21 May 2026 was that, in Great Britain, the Equality and Human Rights Commission (EHRC) has updated its Goods and Services Code of Practice, which was laid in Parliament by the Minister for Women and Equalities. It is important to note that this Code applies in Great Britain and only to goods and services (and related public functions and associations), not to employment.

Therefore, the Code does not relate to the employment practices of businesses, charities or voluntary bodies. Employment is covered by a different Statutory Code of Practice. The last Code of Practice on Employment is dated 2019 and has not yet been updated following the Supreme Court ruling on 16 April 2025 in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 that held sex means biological sex in the Equality Act 2010. The EHRC website currently states:

For businesses, charities and voluntary bodies, the practical impact is that the updated guidance is relevant to them if and when they provide services, exercise public functions and/or operate as associations.

In respect of the Code of Practice for Employment the ECHR website states:

Following the Supreme Court ruling on 16 April 2025 in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 this Codes of Practice in under review

The most substantial updates in this Services Code are to reflect the Supreme Court decision which found that sex  means biological sex under the Equality Act 2010.

This Code is not limited to sex but covers all nine protected characteristics of:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

The updated Code runs to over 300 pages and:

• Clarifies that associations can lawfully cater for people who share one protected characteristic; more than one protected characteristic; or a particular combination of protected characteristics.
• Clarifies when different conditions may meet the definition of disability, including hidden impairments, fluctuating conditions and neurodiverse conditions, and makes the explanations of reasonable adjustments for disabled people clearer.
• Updates examples relating to indirect discrimination, group disadvantage, discrimination arising from disability and age-related harassment. It also includes additional examples relating to gender reassignment and digital or online scenarios.
• Clarifies what service providers should consider when deciding whether separate and single-sex services are a proportionate means of achieving a legitimate aim; when mixed-sex services may be necessary; and the potential legal implications of providing only mixed-sex services.
• Provides more detail on when it may be objectively justifiable for service providers to make enquiries about an individual’s sex, and how to manage those situations while maintaining compliance with Article 8 of the European Convention on Human Rights (respect for private and family life).
• Clarifies when participation in competitive sporting events can be lawfully restricted by sex to ensure fairness and safety, and what organisers should consider where trans people would be affected..

The position in Northern Ireland

The position in Northern Ireland is complicated by the Northern Ireland Protocol and Article 2 (the “dedicated mechanism”), which is intended to ensure there is no diminution of rights including in relation to discrimination matters. We recently wrote about another Supreme Court case (Re Dillon) and how that found that Northern Ireland may have to interpret laws in a way that keeps pace with EU law.

In December 2025, the Equality Commission for Northern Ireland lodged an application to the High Court seeking a declaration on the application of For Women Scotland in Northern Ireland. That case has yet to be heard and we will keep members updated.