Topic Guide
Equality Act 2010 and EHRC Guidance
Short answer
The Equality Act 2010 sets the legal framework, while EHRC guidance and statutory Codes of Practice shape how organisations interpret duties in services, public functions and associations.
- Status
- reviewed
- Reviewed
- 5 June 2026
- Sources
- 7
- High trust
- 7
Overview
This topic tracks the Equality Act 2010, the For Women Scotland judgment, EHRC interim guidance, litigation over that guidance, and the ministerially approved draft updated services Code of Practice laid before Parliament in May 2026. It is a live legal-policy spine, so entries should distinguish draft guidance, statutory codes not yet in force, court judgments, and commenced legal duties.
Key Timeline Events
Equality Act 2010 (England, Wales, Scotland)
The Equality Act 2010 consolidated anti-discrimination laws in England, Wales, and Scotland, making it unlawful to discriminate on grounds of sexual orientation, gender reassignment, sex, and other protected characteristics. (Northern Ireland maintains separate legislation.)
UK Supreme Court Ruling on 'Sex' in the Equality Act 2010
The UK Supreme Court ruled that the word 'sex' in the Equality Act 2010 refers exclusively to biological sex, not gender identity, significantly impacting legal protections for transgender people and raising questions about workplace inclusion, single-sex spaces, and equality law interpretation.
EHRC Issues Interim Guidance on Equality Act 'Sex' Definition
Following the UK Supreme Court ruling, the Equality and Human Rights Commission (EHRC) published interim guidance clarifying the legal interpretation of 'sex' in the Equality Act 2010. The guidance advises organisations on how to comply with the law while balancing rights and dignity for transgender people and others.
EHRC Withdraws Interim Guidance on Equality Act Sex Definition
The Equality and Human Rights Commission withdrew its controversial interim guidance on the meaning of 'sex' in the Equality Act 2010, published in April 2025 following the For Women Scotland Supreme Court ruling. The guidance had faced criticism from trans organisations and a judicial review from the Good Law Project. The EHRC directed organisations to seek specialist legal advice while its updated Code of Practice awaited parliamentary approval.
Good Law Project v EHRC: High Court Upholds Interim Guidance
The High Court dismissed the Good Law Project's judicial review challenging the EHRC's interim guidance on single-sex spaces. Mr Justice Swift ruled that the EHRC had accurately summarised the law following the For Women Scotland ruling, confirming that 'sex' in workplace regulations refers to biological sex. However, the judge noted that providing only biologically single-sex facilities with no additional provision might itself constitute discrimination against trans people.
EHRC Approved Draft Services Code Laid Before Parliament
After receiving ministerial approval, the EHRC's draft updated Code of Practice for services, public functions and associations was laid before Parliament by the Minister for Women and Equalities. The approved draft Code gives Equality Act 2010 guidance for service providers, public functions and associations, but it had not yet commenced and did not yet have force of law.
