Equalities watchdog extends consultation on updates to Code of Practice in light of Supreme Court Equality Act ruling

The Equality and Human Rights Commission (EHRC) has extended its public consultation on updates to its statutory Code of Practice for services, public functions and associations in light of the recent Supreme Court ruling in For Women Scotland v Scottish Ministers.

The EHRC said earlier this month that this was “in light of the level of public interest, as well as representations from stakeholders in Parliament and civil society”.

The watchdog said the consultation would now close on 30 June 2025 and focus on sections of the Code of Practice that required updating following the Supreme Court’s judgment.

A draft of the full Code of Practice had been consulted on between October 2024 and January 2025.

The consultation will now seek views “on whether these updates clearly articulate the practical implications of the judgment and enable those who will use the Code to understand, and comply with, the Equality Act 2010”.

The watchdog added that the Supreme Court “made the legal position on the definition of sex clear, so the EHRC is not seeking views on those legal aspects”.

While the consultation is running, the EHRC will hold Q&A sessions with stakeholders representing affected protected characteristic groups. “These meetings aim to answer questions on the EHRC’s understanding of the Supreme Court’s judgment, the consultation process, where views are being sought and what can and cannot be changed in the draft Code of Practice. Participants will still need to submit a consultation response.”

The EHRC will also meet with governments from across Britain and hold briefings for Parliamentarians.

The amended Code of Practice will be submitted to the Minister for Women and Equalities for approval and laying in Parliament.