Background
The Equality and Human Rights Commission (EHRC) has confirmed that it now expects to deliver its updated Code of Practice on services, public functions and associations to the government by the end of August 2025, rather than the previously stated July deadline. The revised timeline follows receipt of over 50,000 responses to its public consultation.
The EHRC’s updates follow the Supreme Court’s ruling in For Women Scotland v Scottish Ministers, which ruled that “sex” in the Equality Act 2010 refers to biological sex. In response, the EHRC issued interim guidance in April 2025, with further updates in June. The pending guidance is expected to call for trans women to be banned from women’s bathrooms and to further enable sporting organisations to exclude trans participants on the basis of their “biological sex”. These interim publications have faced legal challenges from organisations including the Good Law Project and Liberty.
What’s Next
A preliminary hearing in the Good Law Project’s judicial review took place on 30 July. During the hearing, the EHRC confirmed the new timeline for submission of the Services Code. There is still no update on when the Employment Code of Practice will be revised—only that this work will begin after the Services Code is finalised.
Why This Matters
The revised guidance will have enormous implications for trans people. There are already widespread reports of trans people facing exclusion from sporting organisations and being restricted as to which bathroom they can use at work on the basis of their “biological sex”, with organisers referring to the Supreme Court judgment and EHRC interim guidance in support of such decisions. The revised guidance will also have implications for service providers, public bodies and employers making decisions on the basis of sex or gender identity. Trade union reps should take steps to ensure trans members are supported and be alive to the fact that neither the Supreme Court ruling nor any EHRC guidance renders discrimination on the grounds of gender reassignment or perceived gender lawful. It remains unlawful for employers to discriminate against trans employees on the basis of their gender identity, and it is still possible to bring successful discrimination claims relating to any such discrimination.
