EHRC’s Equality Code Of Practice 2026: What Charity Trustees Need To Know

The Charity Commission has reminded charities that they should be preparing for the Equality and Human Rights Commission’s (EHRC) updated Equality Code of Practice for services, public functions and associations. The Code came into force on 5 August 2026 and provides updated guidance on the Equality Act 2010, including the meaning of sex, the operation of single-sex services and facilities, and the obligations organisations must consider when delivering services and managing governance arrangements.

The updated Code follows the Supreme Court’s decision in For Women Scotland v Scottish Ministers and gives further guidance on the application of the Equality Act 2010, particularly in relation to the lawful operation of separate and single-sex services and facilities.

For charities, this is not simply a technical equality law update. Depending on the nature of their activities, the revised Code may have practical implications for service delivery, membership, volunteering, safeguarding, governance and policy compliance.

The Code has now come into force as a statutory Code of Practice. It does not create new legal duties, but courts and tribunals must take statutory codes into account where relevant. It is therefore likely to be an important reference point in assessing how Equality Act obligations should be interpreted and applied in practice. The GOV.UK guidance confirms that the 2026 Code was laid before Parliament, the 40-day scrutiny period ended on 9 July 2026, and the Code came into force on 5 August 2026.

Why Does the EHRC Equality Code Matter for Charities?

Many charities provide services, facilities or support to beneficiaries, members, volunteers or the wider public. Where those activities engage Equality Act obligations, trustees will need to be satisfied that the charity’s policies and day-to-day practices remain legally compliant.

In particular, charities may need to consider whether their current arrangements for single-sex services, facilities or activities remain appropriate, whether governing documents or membership criteria require review, and whether staff and volunteers have sufficient guidance to apply the law consistently and sensitively.

Key areas for review may include:

• the operation of any single-sex services, facilities or activities;
• policies relating to beneficiaries, service users, members, volunteers and staff;
• safeguarding procedures and risk assessments;
• equality, diversity and inclusion policies;
• the wording of governing documents, particularly where access to membership, services or participation is restricted by reference to protected characteristics;
• staff, volunteer and trustee training; and
• board-level decision-making and record keeping.

The relevance of these issues will vary from charity to charity. A charity operating residential services, community facilities, membership structures or beneficiary-facing programmes may have very different considerations from a grant-making charity. The key point is that trustees should not assume the Code is irrelevant simply because the charity sector is not the sole focus of the guidance.

A Governance Issue as Much as a Legal One

Although the updated Code sits within the equality law framework, the practical issue for trustees is one of governance and risk management.

Legal and regulatory developments can create risk where policies, procedures and operational practices have not kept pace with the law. Trustees should therefore consider whether the charity’s current arrangements remain fit for purpose, having regard to both the updated EHRC Code and the Charity Commission’s expectation that charities review its relevance to their activities.

This does not necessarily mean that wholesale policy changes are required. However, trustees should be able to demonstrate that they have considered the updated Code, assessed its relevance to the charity’s activities, and taken proportionate steps where appropriate.

In our experience, the strongest boards are those that identify legal and regulatory developments early, take advice where needed, and document their reasoning clearly. A considered review now may help reduce the risk of complaints, disputes, inconsistent decision-making or regulatory scrutiny later.

What Should Trustees Be Doing Now?

As a first step, trustees should read the EHRC Equality Code of Practice and consider whether it affects the charity’s activities.

Trustees may then wish to:

• identify which parts of the charity’s operations may engage Equality Act obligations;
• review equality, diversity and inclusion policies;
• assess whether single-sex services, facilities or activities are operated and documented appropriately;
• consider whether governing documents, membership criteria or service eligibility criteria require review;
• review safeguarding and risk assessment procedures;
• ensure staff, volunteers and trustees understand how relevant policies should be applied in practice;
• document board discussions and decisions; and
• obtain specialist advice where the position is unclear.

The Charity Commission’s message is that charities should take steps now rather than waiting for further sector-specific guidance. For trustees and senior leaders, this is an opportunity to ensure that governance arrangements, policies and operational practices remain aligned with current legal requirements and are capable of being justified if challenged.

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.