Government lays out updated equality guidance following Supreme Court ruling

The Government has laid the Equality and Human Rights Commission’s (EHRC) updated draft Code of Practice before Parliament, providing organisations with revised guidance on how to implement equality law following the Supreme Court’s ruling on the definition of sex under the Equality Act 2010.

The updated draft Code of Practice for Services, Public Functions and Associations was laid in Parliament on 21st May by the Office for Equality and Opportunity.

The changes follow the Supreme Court judgment which clarified that, for the purposes of the Equality Act 2010, sex means biological sex, while confirming that trans people remain protected under the protected characteristic of gender reassignment.

The Government said the updated guidance was intended to give organisations “clear, workable guidance” on applying equality law in practical settings across England, Scotland and Wales.

The revised draft Code includes updated guidance on areas including toilet provision, same-sex marriage, menopause protections and breastfeeding discrimination.

Bridget Phillipson MP, Minister for Women and Equalities, said: “The Equality Act enshrines our rights in law so that people can live free from discrimination and harassment.

“Our focus has always been making sure organisations have clear, accessible guidance on how to implement the law.”

The EHRC said the draft Code takes a “practical and proportionate” approach to balancing rights and ensuring people can access services safely and with dignity.