New EHRC Code of Practice: Charities advised to take action

Charities are being urged to prepare for compliance with the Equality and Human Rights Commission (EHRC) Code of Practice, which comes into force on Wednesday 5 August.

Background

The Supreme Court judgment in the For Women Scotland v Scottish Ministers case in April 2025 confirmed that, for the purposes of the rights and duties applicable under the Equality Act 2010 (“Act”), “woman” means, as a matter of law, a biological woman. Neither transwomen with a gender recognition certificate, nor other biological men who identify as women, are women for that purpose.

This ruling has placed many charities that deliver services to a single sex provision in a difficult situation. Affected charities have felt the pressure to explain their position without the benefit of suitable guidance.

The Charity Commission has recently provided an interim update to say that whilst it is working to update its Equality Act guidance, charities should take steps to ensure that they can comply with the EHRC Code of Practice (“EHRC Code”) which will come into force on Wednesday 5 August 2026.

The EHRC Code can be found here. It provides statutory guidance to organisations, including charities, on how to comply with the Act when delivering services.

Practical steps for charities

Charities should now:

Review governing documents including charitable objectives.
Review and consider policies on beneficiaries, membership and service delivery to ensure compliance with the Act and EHRC Code.
Consider employment aspects, including training and policies for staff and volunteers.

Implications of non-compliance

The Charity Commission has warned that it is the responsibility of charity trustees to ensure their charity is compliant with the EHRC Code once it comes into force on 5 August. Any delays in taking steps towards compliance may be considered a breach of trustee responsibilities and legal duties.

Blake Morgan can support with ensuring compliance with the EHRC and advising on governance arrangements. Please feel free to get in touch with our charity lawyers for further information.