The updated EHRC Code of Practice for Services, Public Functions and Associations (the Code) came into force on 5 August 2026 and provides statutory guidance on applying the Equality Act 2010 (EqA) when delivering services and public functions. While the Code is not itself the law, and does not itself impose any legal obligations, courts and tribunals must take it into account where relevant in EqA proceedings and it can be used as evidence Public bodies should follow the law, which ultimately takes priority over the guidance in the Code.
For police forces, fire and rescue and other emergency services, the implications of the guidance in the Code extend beyond operational issues. Estates managers, facilities teams, workplace leads and senior responsible officers all need to understand how their buildings, facilities and policies align with the EqA. They should pay due regard to the Code, ensuring that training, policies and practices are lawful and based on sound advice.
Emergency services are amongst the organisations most likely to be affected by the changes and should be reviewing their current arrangements now.
Start with an estate-wide audit
The first priority should be a comprehensive review of the emergency services estate. Estates teams should be auditing existing toilet and changing facilities, understanding what facilities currently exist at each site, how they are configured, who owns/controls them, e.g. how any changes are authorized, who uses them and how they are signposted. This will support Estates Teams to put any necessary plans in place for change, e.g. works/signage, and to ensure appropriate policies.
For police estates, and other emergency services, this could include:
Headquarters buildings.
Divisional stations.
Custody suites.
Operational bases.
Training facilities (including fitness centres or gyms)
Contact centres.
Shared public service hubs.
Public-facing enquiry offices.
The audit should identify:
Where single-sex facilities e.g. toilets currently exist.
Whether changing facilities are provided.
Whether shower/other washing facilities are available.
Whether facilities comprise single lockable rooms with sinks included (for individual use) or cubicles with a separate sink/bank of sinks.
Whether there are accessible facilities that can also function as individual-use facilities.
Existing signage and signposting arrangements (including making staff aware so that they can signpost accurately)
Locations where officers, staff and members of the public may share facilities.
Review toilets, washing and changing facilities
One of the key practical issues arising from the updated guidance concerns toilets, washing facilities and changing rooms. The Code offers guidance on applying the EqA to such facilities across protected characteristics including sex and gender reassignment in the context of separate-sex and single-sex services and facilities. Estates Teams should therefore understand the current position across their estate and avoid assuming that historic arrangements remain suitable. All protected characteristics should be considered, along with potential safeguarding risks.
For estates teams, practical questions include:
Do we have sufficient single-sex provision? Are alternative facilities available?
Emergency Services should understand whether suitable single-sex facilities are available throughout the estate, particularly in buildings that have historically moved to gender-neutral arrangements. Consider carefully whether separate lockable rooms with sinks are available and what alternatives should be provided where they are not.
Are there operational pinch points?
Some settings or locations may require particularly careful consideration, e.g. because they are used by staff and members of the public. It is important to take into account the vulnerability of users, the level of public access, and the way the building is used at different times.
Common examples may include custody environments, public reception areas, and large headquarters buildings with high footfall.
The purpose of identifying these considerations is to arrive at an appropriate balance as necessary and avoid applying a blanket approach. Decisions should be evidence-based and proportionate to the actual use, risks and needs of each setting.
Check signage and ensure clear communications
Signage and signposting are also key areas for review. Estates teams should assess for example, existing toilet signage and changing room signage. Consider how information is provided to current and potential users of the service. Inconsistent messaging can increase the risk of complaints, confusion and escalation.
Understand how facilities are actually used in practice
A facilities review should not simply focus on building plans, which may be inaccurate or out of date. We recommend identifying how facilities are used in practice and identifying potential risk areas.
A working group could be established. For example, estates managers should engage with facilities management teams, HR departments safeguarding teams, complaints teams, equality leads and others. This can help identify locations where concerns or practical issues have already arisen and where further action may be needed.
Consider all protected characteristics
The teams should not focus solely on sex and gender reassignment. Assessments should consider all relevant protected characteristics. For example, sex, gender reassignment, disability, age, religion or belief, or pregnancy and maternity might be relevant, in different ways at different sites. Any estate strategy should therefore be based on a balanced assessment rather than a single-issue approach
Record decisions carefully
In this context, the way in which decisions are reached may be just as important as the decisions themselves. This is a sensitive and potentially high-risk area and an organisation's ability to defend a discrimination challenge may depend significantly on how its evaluation and decision-making processes have been carried out and recorded.
A well-documented trail of information and evidence may prove critical if decisions are later challenged and should include a record of what alternatives were assessed, how competing impacts were evaluated and balanced, and why the final approach was considered proportionate.
A clear evidence trail should record:
the facilities and services reviewed;
the evidence gathered, including user, workforce and operational evidence;
the equality impacts considered;
the options and risks which were assessed;
the reasons for rejecting or adopting particular options;
who made the decision and under what governance route;
how the approach will be monitored and revisited/reassessed.
Implications for new developments and refurbishments
For police and other emergency services undertaking estate modernisation, new headquarters projects, custody developments or major refurbishments, compliance should be considered at the design stage rather than retrospectively.
Project teams should review:
Facility layouts.
Numbers of toilets and changing spaces/washing facilities.
Accessibility provision.
Privacy measures.
Signage strategy.
Safeguarding considerations
Future flexibility of accommodation.
Building equality considerations into project design is likely to be more cost-effective than making changes after completion.
Governance, complaints and workforce implications
The EqA and updated Code also has implications for governance, complaints handling and workforce management. Emergency services should consider whether managers and frontline teams understand the relevant policies and know how to respond to concerns, and when to escalate for further guidance. Complaints, FOI requests, DSARs, and staff issues must be handled consistently, swiftly, and with appropriate legal oversight where needed.
Training should be targeted to the setting. The key is to ensure that staff understand the organisation’s approach and do not improvise in sensitive situations.
Employment
The Code does not expressly apply to employers’ duties under the Act, which are dealt with under a separate code of practice, which was published in 2011.
The EHRC Employment Code 2011 is now out of date in a number of ways, but the EHRC has not indicated when it will be updated. In the meantime, public bodies should consider their role as an employer and should not wait for a revised code of practice on employment before reviewing their approach to issues which engage the EqA following the FWS v The Scottish Ministers Supreme Court decision in April 2025. This is because the obligations of public bodies under the EqA, as interpreted by the Supreme Court, apply regardless of whether the EHRC has published its updated employment-specific guidance, and will apply whether or not the public body decides to follow the guidance set out in the 2011 Employment Code.
How Weightmans can help
Weightmans has an established cross-disciplinary team advising organisations on the implications of the updated EHRC Code, including police services and across the emergency services sector. Support can include estate audits, equality risk assessments, policy reviews, governance advice, stakeholder engagement strategies and advice on responding to complaints or challenges relating to facilities provision and other EqA matters.
