EHRC Consultation on Changes in Code of Practice: Ruling the Definition of Sex in the Equality Act 2010 (the Act)

Overview

This is a consultation on the code of practice for services, public functions and associations. EHRC previously consulted on this code of practice between 2 October 2024 and 3 January 2025.

EHRC are opening another consultation on the code to gather feedback on changes made following the UK Supreme Court ruling on 16 April 2025 in For Women Scotland Ltd v The Scottish Ministers (For Women Scotland).

The ruling was that the definition of sex in the Equality Act 2010 (the Act) should be interpreted as ‘biological’ sex only. This means that, for the purposes of that Act, a person’s legal sex is the one that was recorded at their birth. This is a change to the previous interpretation adopted by the courts, which was that the definition of sex also includes people who have obtained a Gender Recognition Certificate (GRC). According to the new ruling, obtaining a GRC does not change your legal sex for Equality Act purposes.

EHRC code of practice includes practical guidance for service providers, associations and those delivering public functions on how they should comply with the Act. It was drafted before the ruling and some of the information in it has therefore changed. EHRC are consulting to gather feedback on these changes.

EHRC acknowledge the importance of these changes to people with the protected characteristics of sex, sexual orientation and gender reassignment. Their role is to ensure everybody’s rights are protected in line with the law, so that no one experiences discrimination or harassment as a result of their protected characteristic when using services. They are committed to developing guidance that provides legal clarity and practical support for organisations following the Supreme Court judgment.

Please visit the link below to gain more information and respond to the consultation.