Government lays Equality and Human Rights Commission draft updated Code of Practice in Parliament

The Code of Practice, produced by the Equalities and Human Rights Commission (EHRC) and laid in Parliament yesterday (21 May), makes it clear that transgender people should instead be offered a third or a gender-neutral space, and if they are not, this could be viewed as discriminatory.

It recommends that gender-neutral changing rooms should offer self-contained, lockable spaces with floor-to-ceiling walls.

Following the Supreme Court judgment which said that, for the purposes of the Equality Act 2010, sex means biological sex and that trans people are still protected by the Act under the protected characteristic of gender reassignment, the EHRC draft Code’s content on sex and gender reassignment has been updated.

Announcing the laying of the draft updated Code of Practice in Parliament yesterday, the Government said: “Organisations should continue to follow the law as clarified by the Supreme Court, taking specialist legal advice if needed. The draft Code gives organisations clear, workable guidance which will enable them to take a pragmatic approach to protecting and serving the needs of our society.

“Following EHRC’s consultation with a range of services, the draft Code supports providers in ensuring they can make practical, and ultimately sensible decisions for every day scenarios, such as toilet provision.”

The EHRC updates to the Code reflect changes in the law since 2011, including the Supreme Court clarification on the definition of sex for the purposes of the Equality Act 2010. Other changes include:

• new protections for women whose menopause has a significant impact on their everyday life
• updates to reflect legislative changes on same-sex marriage
• clarification that women who breastfeed are also protected from harassment

With the guidance now before Parliament, MPs and peers have 40 days to raise any concerns. If there are no objections, the guidance becomes statutory.

Bridget Phillipson MP, Minister for Women and Equalities said: “The Equality Act enshrines our rights in law so that people can live free from discrimination and harassment.

“Our focus has always been making sure organisations have clear, accessible guidance on how to implement the law.

“I thank the EHRC for their work updating the draft Code of Practice, and look forward to continuing to work with them to ensure people’s rights are upheld across our country.”

Lottie Winson