UK: Discrimination: Gender Consultation

Authors: Stephen Miller and Corinna Harris

The EHRC has launched a consultation on proposed changes to its statutory Code of Practice for services, public functions and associations following the recent decision in For Women Scotland.

The proposed changes to the Code of Practice for services, public functions and associations  contained in the consultation include:

• Updated definitions
• New content on gender recognition certificates
• New information on how requests about sex at birth should be made
• Guidance on how separate and single-sex services can be provided for men and women
• New content on justification for separate and single-sex services

The consultation is due to close on 30 June 2025.

Key Action Points for Human Resources and In-house Counsel

The EHRC has not formally indicated that it has plans to update the Employment Code of Practice however that seems inevitable at some stage as its interim update on the implications of the Supreme Court’s decision includes some guidance for workplaces on single-sex toilets, changing and washing facilities.