EHRC - Updated Code of Practice - Consultations

Have your say on the Equality & Human Rights Commission consultation on the updated Code of Practice

On 16th April, the UK Supreme Court ruled that the terms “sex”, “man” and “woman” in the Equality Act refer to “biological sex” only, and do not extend to trans people with Gender Recognition Certificates (GRCs).  More information on the ruling is available on the Equality & Human Rights Commission (EHRC) webpage.

What the EHRC are consulting on:

The EHRC consultation is specifically focused on the Code of Practice for services, public functions and associations and are consulting on the changes they have made following the UK Supreme Court ruling. These are set out in a number of chapters, which are outlined below.

Where can I get on the draft Code of Practice?

You can find the draft Code the EHRC are consulting on here.

Chapters the EHRC are consulting on:

Overall: Changes that apply across the code of practice:

Chapter 2:

• New content on Gender Recognition Certificates
• New content on asking about sex at birth
• New content on defining sex at birth
• Updated description of the protected characteristic of sexual orientation

Chapter 4:

• New example on sex discrimination by perception
• Removed reference to superseded caselaw

Chapter 5:

• New example on sex discrimination

Chapter 8:

• Updated example on harassment related to sex

Chapter 12:

• New example on women-only associations

Chapter 13:

• Updated section on competitive sport
• Updated section on separate and single-sex services for men and women
• New section on justification for separate and single-sex services
• New content on policies and exceptions for separate and single-sex services
• Updated section on separate or single-sex services in relation to gender reassignment
• Updated content on communal accommodation.

How can I take part in the consultation?

The consultation opened on 20th May and runs for six weeks until Monday 30th June. The consultation is open to any interested individual or organisation, so anyone can take part. 

Survey

You can request a reasonable adjustment by emailing correspondence@equalityhumanrights.com or phoning 0161 829 8100.

Note that the online response survey has a strict word limit, so you will need to tailor your responses carefully.