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GIRES responds to the EHRC’s updated Code of Practice — a set of resources to help you find your way

GIRES has prepared a set of resources to help people understand what the Code says, what it does and does not do, and what it means in practice — for trans people, for the professionals and organisations that serve them, and for those who govern and lead organisations of all kinds.

In May 2026, the Equality and Human Rights Commission (EHRC) laid an updated Code of Practice for Services, Public Functions and Associations before Parliament. It is the EHRC’s guidance on how organisations should apply the Equality Act 2010 following the Supreme Court’s ruling in For Women Scotland.

This is the Services Code – which applies to organisations providing services to the public – it is not the Employment Code – which is expected to be updated in due course.

This overview points you to the right place to start, depending on who you are and what you need. It is offered to help you understand the landscape and find the resources most useful to you.  

NOTE: As the Commencement date is yet to be announced in Parliament, information and documents will be updated to reflect the live status of the code once it is in force.

A quick summary

A few points are worth keeping in mind before you read further:

  • The Code is statutory guidance, not law. It was laid before Parliament on 21 May 2026 and was subject to the negative parliamentary procedure, which concluded on 9 July 2026. The Government may now bring the Code into force by making a Commencement Order. This order, made by the Minister for Women and Equalities, will specify the date from which the Code takes effect as statutory guidance.
  • The For Women Scotland ruling is binding and already applies. The Code is guidance on how organisations should apply that ruling.
  • Being trans — what the law calls gender reassignment — remains a protected characteristic. Trans people remain protected from discrimination, harassment and victimisation. That protection was not removed by the ruling.
  • The legal exceptions that may, in limited circumstances, permit a less inclusive approach are discretionary, not mandatory. An inclusive approach is not, by that fact alone, unlawful.

Where to start

If you want the overview

Start with [Main Overview]. It sets out the basic facts about the Code, what it says, what is confirmed, proposed and unclear, the key questions being raised, and the wider context — including the recent case law that is shaping how organisations are approaching these questions.

If you are a trans person

Go to [Impact on Trans People]. It explains, in practical terms, what the Code means for you: what has changed, what has not, your protection under the Equality Act, what organisations are and are not required to do, and where to get support.

If you are a professional

Go to [Impact on Professionals]. It is written for trustees, directors, committee members, chief executives, senior leaders, managers, frontline staff, HR and EDI leads, safeguarding leads and facilities managers across all sectors — charities, companies, public bodies, community organisations and membership associations. It sets out what has and hasn’t changed, the implications for practice and services, and how to support trans people appropriately.

If you want GIRES’s view

Go to [Key Issues & GIRES Perspective]. It sets out the key issues the Code raises, GIRES’s own position (what GIRES welcomes, is concerned about, and believes is most important), the risks and opportunities, what needs to happen next, and questions for further consideration.

If you are looking for resources and research

Go to [Resources & Research Appendix]. It brings together GIRES resources, resources for trans people, resources for professionals, external organisations and partners, official sources, and the relevant case law and research.

A note on where things stand

This area of law is contested and continues to evolve. It is not likely to be settled soon.

The recent tribunal decisions referred to in these resources are first-instance decisions, several under appeal; none concerns the Services Code directly, and the Code is not yet in force. They are included because they show how courts and tribunals are interpreting the Equality Act, and because the practical lessons from them are relevant across sectors.

Calm, proportionate and evidence-based decision-making is likely to place organisations in a stronger position than reactive or fear-driven responses. Organisations that wish to remain inclusive of trans people can in many cases continue to do so lawfully, and should not feel pressured into abandoning long-standing inclusive values, purposes or practices without first carefully considering the wider legal, operational, financial and reputational implications.

 

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This article and linked documents are created in collaboration with Joanne Lockwood, SEE Change Happen, and is offered as analysis and information. To learn more about Joanne’s work and the Trans Inclusion Toolkit project, visit https://joannelockwood.co.uk/transtoolkit

Please Note: The contents of this article or any linked documents do not constitute legal advice.