The government is set to release an updated draft of the Code of Practice, prepared by the Equality and Human Rights Commission (EHRC), before Parliament in May. Bridget Phillipson, the Minister for Women and Equalities, indicated that this will likely occur between May 18 and May 21. The revised code aims to clarify issues surrounding discrimination, harassment, and victimization in services and public functions.
Overview of the Code
The Code of Practice provides guidance on the provisions of the Equality Act, specifically in relation to services, public functions, and associations. It plays an essential role in explaining how these legal frameworks apply to various situations. However, it does not change existing laws or impose new legal obligations.
Key Aspects of the Code
- The code will not change legal obligations, which are set by courts and tribunals.
- It covers discrimination based on nine protected characteristics.
- About 20 pages specifically address issues related to sex, gender reassignment, and single-sex services.
Single-Sex Services and Legal Clarifications
A significant portion of the guidance focuses on single-sex services. The previous Code published in 2011 contained inaccuracies regarding the treatment of individuals undergoing gender reassignment. The upcoming draft will adjust these inaccuracies according to legal clarifications from the Supreme Court.
Key Chapters of Interest
- Chapter 2: Defines protected characteristics, emphasizing biological sex.
- Chapter 12: Discusses associations relevant to single-sex groups.
- Chapter 13: Details exceptions that allow for separate-sex services and competitive sports.
Implications of the Updated Code
The updated Code is significant as it addresses widespread misunderstandings regarding the application of the law. Many organizations have relied on outdated interpretations that misaligned with Supreme Court rulings. The new draft will remove excuses for non-compliance and clarify the legal requirements regarding single-sex services.
Next Steps After Release
Once the draft Code is laid before Parliament, it will proceed through the “negative procedure.” It will become legally effective 40 days later unless challenged by either House of Parliament. Historically, annulments of such instruments are rare.
For More Information
The finalized Code of Practice will be available on the Parliament website. Following its release, further analysis will be offered by Sex Matters to help stakeholders understand the implications of the changes.
