EHRC Code Update 2026: What the New Guidance Means in Practice

The Equality Act 2010 (Code of Practice on Services, Public Functions and Associations) (Revocation) Order 2026 takes effect on 5 August 2026, revoking the Equality and Human Rights Commission’s (EHRC) 2011 Code of Practice and replacing it with an updated version reflecting the current legal position.

From 5 August 2026, organisations providing services, exercising public functions or operating associations should ensure they are familiar with the revised guidance and review their policies and decision-making processes where necessary.

While the revised Code is aimed primarily at service providers, public bodies and associations, employers should not assume it has little relevance to the workplace.

Separate Services for Women and Men

The revised Code confirms that providing separate services for women and men can be lawful in certain circumstances.

To do so, an organisation must demonstrate that:

• a combined service would be less effective; and
• providing services separately is a proportionate means of achieving a legitimate aim.

The Code also recognises that separate services do not always have to be identical. Different provision may be justified where:

• a joint service would be less effective; or
• differing levels of demand make identical provision impracticable.

However, any differences must still be objectively justified.

The key point is that separate provision is not automatically lawful simply because it is preferred. Organisations should be able to evidence why the approach has been adopted and how it achieves a legitimate objective.

When Can Single-Sex Services Be Lawful?

The updated Code also explains when services can be provided exclusively to one sex.

To rely on the Equality Act provisions, organisations must show that:

• the arrangement is a proportionate means of achieving a legitimate aim; and
• at least one of the six statutory conditions applies.

These conditions include situations where:

1. Only people of one sex require the service.
2. A joint service is not sufficiently effective without an additional single-sex service.
3. Demand is insufficient to provide separate services for both sexes.
4. The service is provided in hospitals or similar settings requiring special care or supervision.
5. The service involves privacy, vulnerability or undressing where users could reasonably object to the presence of the opposite sex.
6. The service involves physical contact where users could reasonably object to receiving that service from, or alongside, someone of the opposite sex.

Meeting one of these conditions alone is not enough. The organisation must still demonstrate that its approach is proportionate and objectively justified.

Why Justification Matters

One of the strongest themes running throughout the revised Code is the need for organisations to properly justify their decisions.

Legitimate aims may include:

• protecting privacy;
• safeguarding dignity;
• meeting particular welfare needs; or
• accommodating needs arising from religion or other protected characteristics.

When deciding whether separate or single-sex provision is appropriate, organisations should undertake a balancing exercise by considering:

• the benefits of the proposed arrangement;
• the needs of those using the service; and
• the impact on individuals who may be excluded.

The Code highlights circumstances that may support separate or single-sex provision, including situations involving:

• changing or undressing;
• users who cannot easily leave the setting;
• services connected to male violence against women; and
• situations where physical differences between men and women are relevant.

At the same time, organisations should carefully consider the impact on those who may be disadvantaged, including trans people and others with protected characteristics.

The Code also encourages organisations to consider whether there are less restrictive alternatives available. In some circumstances, offering both mixed-sex and single-sex provision may be the most proportionate solution.

Gender Reassignment and Single-Sex Services

The revised Code states that organisations should consider the impact on trans people as part of their decision-making process from the outset.

It explains that where an organisation operates a lawful separate or single-sex service, allowing people to use the service intended for the opposite sex means that service may no longer be regarded as a separate or single-sex service under the Equality Act framework. According to the Code, this may create legal risks relating to sex discrimination.

The Code also explains that where separate or single-sex provision is justified, it may be lawful to prevent, limit or modify a trans person’s access to the service designated for their own sex if doing so is a proportionate means of achieving a legitimate aim.

These decisions should never be made automatically.

Instead, organisations should carefully assess:

• the nature of the service;
• why any restriction is considered necessary;
• the impact on everyone affected; and
• whether suitable alternatives are available.

As with the rest of the Code, proportionality remains central. Blanket policies are unlikely to be appropriate, and each situation should be assessed on its own facts.

Keep Decisions Documented

The revised Code also places significant emphasis on documentation.

Organisations should keep clear records explaining:

• why a decision has been made;
• the evidence considered;
• the legitimate aim being pursued; and
• why the chosen approach is proportionate.

These records could prove invaluable if decisions are later challenged.

The Code also recommends having clear policies explaining how separate or single-sex services operate. However, policies should not be applied rigidly. Individual circumstances may require a different approach, meaning decisions should always be considered on a case-by-case basis.

What Does This Mean for Employers?

With the revised Code taking effect from 5 August 2026, employers should take the opportunity to review their workplace arrangements, policies and procedures to ensure they remain legally compliant and that decisions are properly evidenced and documented.

Employers may need to review:

• workplace facilities such as toilets, showers and changing rooms;
• occupational health arrangements;
• employee wellbeing policies;
• equality, diversity and inclusion policies;
• grievance procedures; and
• manager guidance for handling sensitive workplace issues.

This remains one of the most challenging areas of equality law, and employers should ensure decisions are evidence-based, legally compliant and carefully documented.

How Bhayani Law Can Help

The updated EHRC Code highlights the importance of taking a thoughtful, evidence-based approach when dealing with issues relating to single-sex spaces, workplace facilities and equality policies.

At Bhayani Law, our HR and employment law specialists help employers confidently navigate complex legal developments by:

• reviewing workplace policies and employee handbooks;
• advising on equality and discrimination issues;
• supporting difficult workplace decisions;
• delivering equality, diversity and inclusion training; and
• helping employers reduce legal and reputational risk.

If you’re unsure how the revised EHRC Code could affect your organisation, we’re here to help.

Contact our expert HR and Employment Law team today on 0333 888 1360, email hello@bhayanilaw.co.uk or complete our enquiry form to discuss your organisation’s policies and workplace arrangements.