Joint statement: Calling on MPs to scrutinise the EHRC Code of Practice
On 1 September 2025, more than 100 partner organisations sent a joint statement to MPs across the UK. The letter calls for proper Parliamentary scrutiny of the Equality and Human Rights Commission’s (EHRC) forthcoming Code of Practice on Services, Public Functions and Associations.
Why this matters
If Bridget Phillipson, the Minister for Women and Equalities, does not schedule a debate in Parliament, the new Code — effectively a bathroom ban — will come into force automatically. This would happen without MPs ever having the chance to debate or vote on it.
This automatic process is set out in Section 14(8) of the Equality Act, which gives a 40-day period for the Code to be challenged. If no debate is scheduled in that time, the Code simply takes effect. This is highly significant, as it could bring the biggest changes to equality law since the 2010 Equality Act itself.
What the draft Code says
The draft Code from the EHRC sets out a framework of exclusion and segregation. It undermines the rights and dignity of both trans and cisgender people, and it also creates major risks for businesses, service providers, and public bodies.
Concerns have already been raised by:
- UN human rights experts
- The Scottish and Northern Irish Human Rights Commissions
- Professional associations
These groups warn about its legality, its costs, and whether it is compatible with fundamental rights.
Impact already being felt
Even before it has been finalised, some businesses have started implementing the draft Code. Research by TransActual shows the harm this is causing. Both trans and cisgender people have already faced:
- Humiliation
- Being forcibly outed
- Violence and vigilantism
- Exclusion from services
People are limiting their daily lives out of fear — a fear that is well-founded.
Why Parliamentary scrutiny is essential
Any change to law or policy that risks people’s human rights must be properly examined by Parliament. That means:
- Full scrutiny
- Meaningful debate
- A free vote by MPs
Allowing the Code to come into force automatically, without these steps, would be a serious failure of democratic duty.
What you can do
We are calling on MPs to write to the Minister for Women and Equalities and the Prime Minister, demanding that this Code goes through a full democratic process.
We also encourage individuals to act. TransActual has created a template letter you can use to write to your MP, explain your concerns, and ask them to push for proper scrutiny. It is vital that MPs hear directly from the people whose lives will be affected.
Write to your MP using this template here: Template letter for individuals to write directly to their MP