Employers urged to review their policies to ensure compliance with EHRC Code of Practice
Holmes Mackillop Solicitors is urging any employer who may be within the scope of the Human Rights Commission’s (EHRC) Code of Practice, which comes into effect today (05.08.26), to ensure they actively review their policies, procedures, communications, services, and facilities to make sure they are fully compliant.
Following the UK Supreme Court ruling on 16 April 2025 in For Women Scotland v The Scottish Ministers, the terms ‘man’ and ‘woman’ in the Equality Act 2010 are to be understood as biological sex at birth.
Therefore, a Gender Recognition Certificate will not change an individual’s sex in relation to the Equality Act. The Code of Practice aims to provide guidance to service providers as to how to approach many different issues including access to single sex services and facilities.
The provision of single-sex facilities and services is lawful where a relevant statutory condition is applicable and where the arrangement is determined to be a proportionate means of achieving a legitimate aim.
Important considerations should include safety, dignity, and privacy. Organisations should evaluate the specific needs of service users and determine whether a less intrusive alternative is preferable.
Katie Maguire, trainee solicitor at Holmes Mackillop, said that while the Code does not apply to employers, it could have practical implications for organisations if they are also a service provider. Employers who also deliver public services, exercise public functions, or run associations will need to comply with the Code in the course of providing those services.
“The Code does not create new legal obligations or change the law; however, it can be influential in legal proceedings,” she said.
“As it is a statutory code, any court or tribunal must take it into account when deciding whether discrimination has been experienced against a service user.
“Any employer who may be within the scope of the Code should ensure they actively review their policies, procedures, communications, services, and facilities to make sure they are compliant with the Code.
“As the Code comes into effect, we will likely see an increase in legal claims and cases. Employers should always seek advice if any complex cases arise to ensure the correct procedure is followed.”
ENDS
For further information please contact on Katie Maguire on tel 0141 226 4942