On 20 May 2025, the EHRC published Consultation: Code of Practice for services, public functions and associations seeking views on changes made to its statutory Code of Practice following the Supreme Court's decision in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 (EHRC Press Release). The launch follows an earlier EHRC update on arrangements for the consultation (see FC Feature 16 May 2025). Responses to the consultation are requested by 30 June 2025.
The updates include a revised legal definition of sex to explain that 'legal sex' is the sex that was recorded at birth for the purposes of the Equality Act 2010. Other key updates include:
- new content on gender recognition certificates (GRC), explaining that a GRC does not change a person's legal sex for EA 2010 purposes;
- new information on how requests about sex at birth should be made, outlining the circumstances in which making such requests may be unlawful;
- new and updated examples of sex discrimination by perception, indirect sex discrimination and harassment related to sex; and
- guidance on how separate and single-sex services can be provided for men and women, alongside new content on justification and whether separate and single-sex services are a proportionate means of achieving a legitimate aim, together with policies and exceptions for such services.
The EHRC will review responses received as part of the consultation and make necessary amendments to the Code. It will then be submitted for ministerial approval before being laid in Parliament.
For further information 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 21 May 2025.
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