Great Britain: Updated Draft EHRC Code of Practice for Services, Public Functions and Associations

The Equality and Human Rights Commission (EHRC) laid its draft Code of Practice for services, public functions and associations (“Services Code”) before Parliament on May 21, 2026, for approval.

Although it does not apply to workplace discrimination or harassment, which is governed by different provisions of the Equality Act 2010 (“EA 2010”), it may still assist employers and will be directly relevant where a business is providing services to the public.

Updates to the Services Code

The updates to the Services Code are primarily to reflect legislative changes, developments in case law, a change or clarification of terminology, or new guidance since the original code was published in 2011. There are updates in relation to disability, maternity and pregnancy discrimination, but the most substantial changes relate to the decision in the For Women Scotland case (the UK Supreme Court ruled that the terms “sex,” “man” and “woman” in the EA 2010 should refer to biological sex (i.e., the sex of a person at birth) – see here) – in particular in respect of the provision of separate or single-sex services.

The final draft Services Code was laid before Parliament on May 21, 2026. Parliament has 40 days from this date to review it. If Parliament does not disapprove the code, the Government will set a date for it to come into force. The EHRC will publish it on its website. Once in force, the Services Code will be a statutory code that can be used in legal proceedings.

What this Means for Employers

The Services Code applies to the provision of services, public authorities carrying out public functions, and discrimination by associations. It therefore cannot be applied to employment and work-related activities in the same way, as different rules under the EA 2010 apply. There is a separate applicable Code of Practice on Employment, which relates to employment and work-related activities, but this has not yet been updated to reflect the For Women Scotland decision.

Although the Services Code does not apply to workplace discrimination and harassment, there may be some useful guidance and examples for employers to consider. Employers may also be providing services to the public in parts of their business, so they may need to consider the Services Code in their capacity as a service provider.

In the meantime, employers have been navigating the practical implications of the For Women Scotland decision, and the case law in this area continues to develop (see our earlier article here). Recent early cases have emphasised that complaints or concerns raised by staff should be taken seriously and handled properly and sensitively.

We will continue to monitor developments in this space.