The EHRC has removed its interim update on the practical implications of the Supreme Court judgment in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 (see FC Feature 28 April 2025) from its website (EHRC: Our Work). In its place, the EHRC has issued recommendations which advise duty bearers to:
- continue to take specialist legal advice on their obligations under relevant legislation, including the Equality Act 2010 and Human Rights Act 1998; and
- use the new Code of Practice for services, public functions and associations (Code), once approved by Parliament.
On 15 October 2025 the Chair of the EHRC Baroness Falkner, wrote a Letter to the Minister for Women and Equalities requesting an update on the process of approving and laying before Parliament the draft Code that it submitted on 4 September 2025. The letter also seeks the revocation of the 2011 version of the Code, which the EHRC states is outdated in various respects and should no longer be relied upon.
For further information on the review of the Code, see FC Feature 20 May 2025. For more on For Women Scotland, see FC Case Feature: Supreme Court considers the correct interpretation of the terms 'sex', 'man' and 'woman' in the Equality Act 2010.
First published on the Employment News Service on 17 October 2025
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