The Equality and Human Rights Commission’s (EHRC) Code of Practice on services, public functions and associations has been updated and is now (since 5 August 2026) in force.
The Code, first published in 2011, has been revised to ensure it continues to accurately reflect legislation and case law.
The Code includes guidance on the use of toilets and changing rooms as single-sex spaces following the Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers, which dealt with the definition of “sex”, “man” and “woman” under the Equality Act 2010.
The updated Code of Practice applies to service providers such as restaurants, leisure centres and hairdressers; public functions such as council services; and associations such as local sports clubs with at least 25 members. It provides up to date guidance on the existing law, and is designed to help with understanding, interpretation and compliance with the law.
Dr Mary-Ann Stephenson, Chair of the Equality and Human Rights Commission, said:
At the EHRC we want a society where everyone’s rights are respected and realised, so that we can all live well together. Our statutory guidance will help services across the country comply with the Equality Act, protecting service users from discrimination and harassment while reducing the risk of the provider being subject to litigation.
When we consulted on the updates to our services Code of Practice in 2024 and 2025, we heard the views of over 50,000 respondents, including duty-bearers. Their feedback helped us ensure the Code is clear and useful.
Guidance for employers will be updated "in due course" by the EHRC to ensure it reflects legal developments/changes in the law.
