SD&GR Series: Updated EHRC Code for services, public functions and associations launched

Since we published our last in-depth sex discrimination and gender reassignment insight on the updated Code for services, public functions and associations (the Updated Services Code) Publication of the updated EHRC Code | Weightmans, the following developments have taken place:

• The necessary commencement regulations were passed, and the Updated Services Code was formally published and came into force yesterday, Wednesday 5th August 2026.

• Our working party of experts has been supporting work across Weightmans to advise a wide range of employers and service providers in interpreting the implications of the Updated Services Code for their organisations, staff and customers, service users and the public they serve; including police and ambulance services, local authorities, NHS trusts, universities, retail and hospitality, transport providers, and many more.

We recommend organisations should:

• Look back through our previous Insight: In order to properly understand the context and implications of the Updated Service Code. This will enable organisations to avoid the trap of misunderstanding or wrongly assuming what the Updated Service Code means for them.

• Conduct an audit and seek advice as necessary: In order to assess whether the organisation’s current set up is compliant and / or what changes may need to be made, organisations should take advice from their Weightmans contact on their specific situation including auditing / profiling their:

  • existing estate in terms of toilet and changing facilities at all sites: what signposting is in place or may be required? where are there single-sex facilities? Are there available separate lockable rooms with sinks; or only cubicles with communal washbasins? What alternatives should be provided?

  • staff and customer / service-user profile at each site to identify any known ‘pinch points’ in terms of potential issues how facilities are used; and consider all protected characteristics including sex; gender reassignment; disability, and religious and other protected beliefs.

• Consider how to fairly and appropriately identify risks and areas of potential discrimination in order to make an informed decision on balancing potential concerns. Caution and sensitivity is needed when planning and executing this type of assessment, and this is an area with high litigation risk. In the face of a discrimination challenge by any potentially affected staff member or customer / service-user, an organisation’s ability to defend its process and decision(s) will depend, to a significant degree, on how this exercise is carried out.

Previous insights in our Sex Discrimination and Gender Reassignment Series

• Sex Discrimination and Gender Reassignment Series: Publication of the updated EHRC Code

• Sex Discrimination and Gender Reassignment Series: Spoiler alert – EHRC updated Code expected next month

• Sex Discrimination and Gender Reassignment Series: Challenge to EHRC ‘Interim Update’ unsuccessful in the High Court

• Sex Discrimination and Gender Reassignment Series: Darlington nurses successful in high profile sex discrimination/transgender rights case 

• Sex Discrimination and Gender Reassignment Series: Case Roundup – Lockwood

• Sex Discrimination and Gender Reassignment Series: Case Roundup – Kelly v Leonardo 

• Sex Discrimination and Gender Reassignment Series: Case roundup – Sandie Peggie

• For Women Scotland Series: Autumn update on the EHRC Code of Practice 

• For Women Scotland Series: Update on EHRC developments 

• For Women Scotland Series: Supreme Court Decision: For Women Scotland v Scottish Ministers