UofG Consultation: EHRC Code of practice for services, public functions and associations 2025
On 20 May the Equality and Human Rights Commission (EHRC) launched a consultation to update its ‘Code of Practice’ following the Supreme Court’s judgement on For Women Scotland vs. The Scottish Ministers.
The EHRC’s Code of Practice is primary guidance for services open to the public, sporting bodies and other groups on the ways to interpret their obligations under the Equality Act 2010.
It is important to note that this does not cover employment which falls under its own distinct statutory code. Moreover, we would remind colleagues and students that the EHRC consultation is specifically about proposed changes to the code of practice and is not a consultation on the ruling itself.
Any colleague or student who wishes to do so, can respond to the EHRC Consultation on their own behalf. This can be completed online.
The University will contribute an institutional response to the EHRC consultation. This will be coordinated and prepared by Equality and Diversity Unit (People & Organisational Development) and Legal (Legal and Compliance) for review and final approval by senior leadership.
What is the Supreme Court Ruling?
The UK Supreme Court ruled in the For Women Scotland vs. The Scottish Ministers case, that the definition of sex in the Equality Act 2010 should be interpreted as 'biological' sex only. This means that, for the purposes of the Act, a person's legal sex is the one that was recorded at their birth.
Read more about the ruling and the changes to the Code of Practice (external link)
What are the changes to the Code of Practice?
Updated definition of sex
EHRC have updated the legal definition of sex throughout the code of practice. The previous definition explained that:
‘Legal sex is the sex that was recorded at your birth or the sex you have acquired by obtaining a Gender Recognition Certificate (GRC).’
Following the UK Supreme Court ruling in For Women Scotland, this definition is no longer accurate, because a GRC does not change your legal sex for the purposes of the Equality Act 2010. EHRC have therefore updated this definition throughout the code to be:
'Legal sex is the sex that was recorded at your birth.'
Please go to the consultation page to read about this change.
Change 2.1: New content on Gender Recognition Certificates
This content explains that the Supreme Court in For Women Scotland has ruled that a Gender Recognition Certificate (GRC) does not change a person’s legal sex for the purposes of the Equality Act 2010 (the Act). It also outlines what protections trans people have under the Act whether or not they have a GRC.
EHRC have included paragraphs 2.1.1 to 2.1.5 for context for this change. EHRC are looking for feedback only on paragraphs 2.1.6 to 2.1.9.
Please go to Change 2.1 on the consultation page to read about this change.
Change 2.2: New content on asking about sex at birth
This section gives information on how requests about sex at birth should be made. It outlines the circumstances in which making such requests, with or without evidential proof of birth sex, may be unlawful.
Please go to Change 2.2 on the consultation page to read about this change.
Change 2.3: New content on defining sex at birth
This content defines 'sex', 'man' and 'woman', and explains how a GRC does not change a person's legal sex for the purposes of the Equality Act 2010.
Please go to Change 2.3 on the consultation page to read about this change.
Change 2.4: Updated description of the protected characteristic of sexual orientation
EHRC updated the description of sexual orientation. The description now specifies that a person who is attracted to people of the same sex is either a lesbian woman or a gay man. The full description is as follows.
Sexual orientation is a protected characteristic (s.12(1)). It means a person’s sexual orientation towards:
- persons of the same sex (the person is a lesbian woman or a gay man)
- persons of the opposite sex (the person is heterosexual), or
- persons of either sex (the person is bisexual)
Please go to Change 2.4 on the consultation page to read about this change.
Change 4.1: New example on sex discrimination by perception
This example explains how discrimination can occur based on a perceived protected characteristic, in the context of sex and gender reassignment.
Please go to Change 4.1 on the consultation page to read about this change.
Change 4.2: Removed reference to superseded caselaw
EHRC removed content that explained that, for trans men holding a gender recognition certificate (GRC), the protection from pregnancy and maternity discrimination under the Equality Act 2010 (the Act) arose from case law. This case law set out that trans men were still protected irrespective of them having a GRC that stated that their legal sex was male. Following the For Women Scotland ruling, their legal sex is now female for the purposes of the Act, and they therefore have protection on that basis.
Please go to Change 4.2 on the consultation page to read about this change.
Change 5.1: New example on sex discrimination - same disadvantage
This example explains how indirect sex discrimination can occur when people experience the same disadvantage, even if they do not share the same protected characteristic. The example is in the context of sex and gender reassignment.
Please go to Change 5.1 on the consultation page to read about this change.
Change 8.1: Updated example on harassment related to sex
EHRC produced a new example to explain how harassment can occur based on a perceived protected characteristic, in the context of sex and gender reassignment.
EHRC have included additional information to provide context for this example. EHRC are only looking for feedback on the example in paragraph 8.1.6b.
Please go to Change 8.1 on the consultation page to read about this change.
Change 12.1: New example on women-only associations
The example in this section explains when applications to an association can be lawfully refused based on a protected characteristic, in the context of sex and gender reassignment.
EHRC have included additional information to provide context for this example. EHRC are only looking for feedback on the example in paragraph 12.1.3.
Please go to Change 12.1 on the consultation page to read about this change.
Change 13.1: Updated section on competitive sport
This section has been updated to explain the circumstances in which it may be lawful to exclude participation in competitive sporting events in relation to the protected characteristics of sex and gender reassignment. It also sets out considerations that should factor into policy decisions regarding the exclusion of trans people from competitive sporting events.
Please go to Change 13.1 on the consultation page to read about this change.
Change 13.2: Updated section on separate and single-sex services for men and women
This section has been updated to provide guidance on how separate or single-sex services can be provided for men and women. It also sets out when providing these services is likely to be lawful.
Please go to Change 13.2 on the consultation page to read about this change.
Change 13.3: New section on justification for separate and single-sex services
This section sets out the considerations that should be given to all potential service users when deciding whether separate and single-sex services are a proportionate means of achieving a legitimate aim. It also sets out circumstances in which mixed-sex services may be necessary, and the potential legal implications of providing only mixed-sex services.
Please go to Change 13.3 on the consultation page to read about this change.
Change 13.4: New content on policies and exceptions for separate and single-sex services
This new content explains that service providers may need to develop policies regarding the provision of separate or single-sex services. It also covers specific circumstances that may require a different approach to that set out in policy, and examples of those circumstances.
Please go to Change 13.4 on the consultation page to read about this change.
Change 13.5: Updated section on separate or single-sex services in relation to gender reassignment
This section explains that service providers should consider their approach to trans people’s use of their services when deciding whether to provide a separate or single-sex service. It includes examples of relevant considerations when deciding whether the exclusion of trans people from a separate or single-sex service is a proportionate means of achieving a legitimate aim.
Please go to Change 13.5 on the consultation page to read about this change.
Change 13.6: Updated content on communal accommodation
This content explains the application of the Act to communal accommodation in respect of the protected characteristics of sex and gender reassignment.
Please go to Change 13.6 on the consultation page to read about this change.
Take part in the University's Internal Consultation
To inform our institutional response, we are consulting colleagues and students on proposed changes to the code of practice.
Additionally, we want to use this opportunity to engage with our UofG community for feedback on their views and any impacts of potential changes to University policy as a result of the proposed amendments to the EHRC Code of Practice.
If you wish to contribute, please complete the online questionnaire.
The questionnaire will close on Thursday 24 June at 23.59
If you would like to share a collective response from a network or group, you can submit this via: ehrc-consultation@glasgow.ac.uk
Wellbeing Support
We understand that the subject matter may be sensitive or challenging for some members of our University community, therefore please consider your wellbeing when deciding whether to engage. Support is available if required.
It is important, during this period of consultation, to reinforce the University’s value of inclusive community. Harassment, of any form, will not be tolerated and can be reported online through:
If you have any specific queries about the consultation, require an alternate format questionnaire or if we can make participation more accessible to you in other ways, please email: ehrc-consultation@glasgow.ac.uk