Draft Equality Act Code of Practice for services, public functions and associations laid before Parliament

At a glance

• The Equality and Human Rights Commission’s (EHRC) draft Code of Practice for services, public functions and associations (Code) was laid before Parliament on 21 May 2026 and will take effect following parliamentary review if not disapproved.
• Once in force, the Code will have statutory status, providing authoritative guidance on complying with the Equality Act 2010.
• The Code reflects the UK Supreme Court’s decision in For Women Scotland Ltd v The Scottish Ministers (For Women Scotland) confirming that 'sex' under the Equality Act 2010 (EqA) refers to biological sex.
• It introduces detailed guidance on the lawful provision of single-sex and separate-sex services, including when exclusion of trans individuals may be justified.
• The Code emphasises a proportionality assessment, requiring service providers to balance legitimate aims against the impact on affected groups, including trans individuals.

The long-awaited EHRC draft Code was laid before Parliament on 21 May 2026. Parliament has 40 days to review the code; if Parliament does not disapprove the Code, the UK government will then set a date for it to come into force. Once in force, it will have legal status as a statutory code of practice on how service providers, public functions and associations can meet the duties set out in the Equality Act 2010. The Code confirms that where service providers offer single sex or separate sex services, that should be on the basis of biological sex and trans people should not be permitted to access the services intended for the opposite sex.

Work to update the code began in November 2022. On 16 April 2025, the UK Supreme Court ruled in For Women Scotland that the definition of sex in the EqA should be interpreted as ‘biological’ sex. This was contrary to the EHRC’s previous understanding (and guidance) that a Gender Recognition Certificate (GRC) changed a person’s sex for all legal purposes, including the Equality Act 2010. To align with the ruling, the EHRC amended information in the Code about how the protected characteristics of sex, gender reassignment and sexual orientation are protected under the Act.

The Code covers all nine protected characteristics and provides practical examples of types of conduct or practices which will likely constitute discrimination or harassment for which a provider of services, a public function or an association can be liable under the EqA, and ways in which that can be avoided.

The most controversial aspect of the Code is likely to be its guidance on single sex services. Provision of services exclusively to either men or women would ordinarily be direct discrimination; however, the EqA recognises that there are circumstances in which single sex services, facilities or associations are either necessary or reasonable and contains certain narrowly drawn exceptions to allow for these.

It is not a breach of the EqA to make different arrangements for the participation of male and female competitors in a sport, game or other activity of a competitive nature where an average person of one sex would be at a disadvantage as a competitor against an average person of the other sex due to their physical strength, stamina or physique (referred to as a ‘gender-affected activity’). The Code provides (in line with For Women Scotland) that any sex-based rules or arrangements relating to participation in a gender-affected activity should be applied on the basis of biological sex. Therefore, trans people (people with the protected characteristic of gender reassignment) should not be included in single sex or separate sex competitions for the sex with which they identify.

In addition, it may be lawful to exclude some trans people or treat them differently from other members of their own biological sex in relation to participation in a gender-affected activity, when necessary for reasons of safety or fair competition. The Code gives the example of a trans man who has had testosterone treatment being excluded from a boxing competition for women. In order to avoid indirect gender reassignment discrimination, however, organisations should consider whether there are additional alternative arrangements which could be made to enable trans people to participate, such as having a mixed sex category.

It is lawful to provide separate sex services if a joint service would be less effective and providing the service separately to men and women in a proportionate means of achieving a legitimate aim.

It is also lawful to provide a service exclusively to one sex if doing so is a proportionate means of achieving a legitimate aim and either only people of that sex need the service, or a service that is provided jointly for both sexes is not sufficiently effective without providing an additional service exclusively for one sex. Or a service provided for men and women jointly would not be as effective and the demand for the services makes it not reasonably practicable to provide separate services.

Single sex services can also be provided where the service is or is likely to be used by more than one person at a time and a woman might reasonably object to the presence of a man or vice versa. The Code notes that it is likely to be reasonable for a woman to object to the presence of a man if she will be getting undressed or in a vulnerable situation and gives the example of a women only communal changing room in a sports facility.

When providing a single sex or separate sex service under any of these exceptions, a service provider must be able to demonstrate that doing so is a proportionate means or achieving a legitimate aim. The service provider should consider all potential service users and whether there is a fair balance between the benefits of offering the service as a single or separate sex service, the needs of those accessing it and the impact on those who are excluded from accessing it. The service provider should think about whether women’s safety, privacy and / or dignity would be at risk if the service were shared with men. The needs of potential service users include the specific needs of people with different protected characteristics. For example, Muslim people may have a particular need for separate sex services to observe the requirements of their faith.

The impact on those who will be excluded from the service includes both the impact on the opposite sex generally and the particular impact on trans people of the opposite sex. The service provider should consider whether the disadvantage to trans people outweighs the benefits of the legitimate aim. They should also consider whether there is a less intrusive option than excluding trans people which would be proportionate.

The Code notes that in many cases it will be proportionate to take a holistic approach to service provision by providing a mix of services including both single or separate sex and mixed sex. The Code gives the example of having separate sex toilets and also toilets in individual lockable rooms with handbasins which can be used by people of either sex. However, the Code also notes that offering alternative arrangements may not be reasonably possible.

If a service provider decides to provide a service only on a mixed sex basis without any single or separate sex option, this could be direct or indirect discrimination against women, or lead to unlawful harassment.

The Code states that if a service provider decides to have a single or separate sex service and allows a trans person to use the service intended for the opposite sex, the service will no longer be a separate or single sex service and is likely to amount to unlawful discrimination.

In the case of services which are necessary for everybody, such as toilets, it is very unlikely to be proportionate to put a trans person in a position where there is no service that they are allowed to use.

The Code provides that where there is clear evidence of an issue with members of the opposite sex accessing or seeking to access the single or separate sex service or association, it may be legitimate to ask individuals to provide confirmation that they are of the eligible sex by proportionate means, sensitively and with respect for their privacy.