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The new EHRC Code of Practice for services, public functions and associations comes into force on 5 August 2026, providing guidance on the application of the Equality Act 2010 in light of the Supreme Court decision For Women Scotland.
Ahead of this, the Charity Commission has published an interim update, advising charities to prepare for compliance with the Code and the law, most notably that, as set out in For Women Scotland, 'sex' for the purposes of the Equality Act means 'biological sex'. The Commission suggests that such steps may include, depending on the nature of a charity's work, seeking legal advice.
The Commission has also confirmed that it intends to publish updated Equality Act guidance for charities in Autumn 2026, which will provide further support to charities in understanding how the Code and the Equality Act affect them as charities. However, the Commission is clear that this guidance will not alter the fundamental principles set out in the Code.
The Commission has emphasised that it is the responsibility of trustees to ensure that their charity is compliant with the Code once it comes into effect, and that any unreasonable delays in taking steps towards compliance may be considered a breach of those responsibilities.
For advice on compliance with the EHRC Code of Practice, or if you have any questions on this topic, please get in touch with your usual Withers contact.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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