In the wake of the judgment by the UK Supreme Court in April regarding the meaning of ‘sex’ in the Equality Act 2010, many individuals and organisations are feeling uncertain about its implications and what action, if any, they should take moving forward.
The EHRC (Equality and Human Rights Commission) provides guidance for how to understand legislation relating to equality and human rights. Following the Supreme Court judgment the EHRC released non-statutory interim guidance about its practical implications, and the plan for the updated Code of Practice is currently under consultation.
We aim to provide advice for our member organisations on the ruling and what it means legally and practically for local charities and service providers, including those who support service users and those who manage venues. It is a complex ruling and we will not be publishing guidance until the EHRC consultation closes and further information on the impact of the judgment is given. It’s important to note that the current EHRC guidance is non-statutory, meaning service providers and employers are not currently required to make any changes to their normal ways of working, although they may want to begin having discussions about what action they would take if the current proposed Code of Practice comes into effect. Transgender people are still protected against discrimination by the protected characteristic of gender reassignment, and this is still the case in the proposed Code of Practice, along with the other protected characteristics of age, disability, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
Action Together is committed to being an inclusive employer and service provider, and will continue to treat people of all genders with respect and dignity. One of our charitable purposes is to promote social justice and we stand in solidarity with trans, non-binary and all LGBT+ people who may face exclusion, reduced support or other harmful implications of this ruling.
Respond to the EHRC Consultation
Action Together are responding to the EHRC Consultation to highlight our concerns, and we encourage you to respond to share your opinion on the impact of the proposed Code of Practice.
If you represent a voluntary or community organisation, you may want to highlight what the cost would be to follow the legislation for your organisation, and what it would mean for your volunteers, staff and service providers. The LGBT Foundation have produced guidance on responding to the EHRC Consultation, which you can find here.
Fill in the survey at https://www.smartsurvey.co.uk/s/EHRC-code-of-practice-consultation-2025/
If you are unable to complete this survey, you can request a reasonable adjustment by:
- emailing correspondence@equalityhumanrights.com
- phoning 0161 829 8100
This consultation opened on 20 May 2025 and will close at 11:59pm on 30 June 2025.