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Equality Act and the New EHRC Code of Practice: What VCSE Organisations Need to Know
A new Equality and Human Rights Commission (EHRC) Code of Practice for services, public functions and associations came into effect on 5 August 2026.
For charities, community groups and other VCSE organisations, the changes have understandably raised questions about what organisations now need to do, particularly in relation to sex, gender reassignment, sexual orientation and the provision of services.
The most important starting point is this:
The Equality Act 2010 remains the law. The protected characteristics have not been removed, and organisations continue to have responsibilities not to unlawfully discriminate against people because of a protected characteristic.
The new EHRC Code helps organisations understand how the Equality Act should be applied. It does not replace the Act.
What is the difference between the Equality Act and the EHRC Code?
It is useful to think about the two separately.
The Equality Act 2010 is the law
The Equality Act provides the legal framework protecting people from discrimination, harassment and victimisation.The protected characteristics within the Act are:
The protected characteristics within the Act are:
- age
- disability
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- race
- religion or belief
- sex
- sexual orientation.
Not every protected characteristic operates in exactly the same way in every part of the Act, but the important point is that sex, sexual orientation and gender reassignment continue to be protected characteristics.
The EHRC Code explains how the law should be applied
The EHRC Code of Practice provides detailed statutory guidance to organisations providing services, carrying out public functions or operating associations.
The Code does not create a new Equality Act and does not remove existing protected characteristics.
However, it has significant legal status.
The Code can be used as evidence in legal proceedings and courts and tribunals must take relevant parts of it into account when considering cases under the Equality Act.
For VCSE organisations, it should therefore be taken seriously when developing policies and making decisions about services.
What has changed?
The updated Code follows the Supreme Court judgment in For Women Scotland Ltd v Scottish Ministers in April 2025.
Following that judgment, references to “sex”, “woman” and “man” within the Equality Act are interpreted by reference to biological sex.
The updated EHRC Code explains how organisations should apply the Equality Act following that judgment, including when providing separate-sex and single-sex services.
However, this does not mean that trans people have lost protection under the Equality Act.
Gender reassignment remains a protected characteristic.
A person does not need to have undergone medical treatment or surgery, or have a Gender Recognition Certificate, to potentially have protection under the characteristic of gender reassignment.
Sexual orientation also continues to be a protected characteristic.
What does this mean for VCSE organisations?
For many organisations, particularly those providing general community activities and services, very little may need to change.
A community centre, food project, befriending service, volunteer programme, advice service or community activity should not suddenly begin treating people differently simply because the Code has changed.
Organisations should continue to provide welcoming and accessible services and ensure that people are not unlawfully discriminated against because of any protected characteristic.
The areas requiring greater consideration are likely to be organisations providing services where sex is genuinely relevant, particularly:
- women-only or men-only services
- domestic abuse and sexual violence services
- changing or washing facilities
- communal accommodation
- services involving privacy or intimate care
- some health services
- some sporting activities
- services specifically established to address disadvantage experienced by a particular group.
Single-sex services are not automatically required
One important point for organisations to understand is that the Equality Act does not simply require every organisation to provide single-sex services.
The Act contains exceptions which allow separate-sex or single-sex services in particular circumstances.
Where an organisation wants to rely on one of these exceptions, it needs to consider whether the relevant legal conditions are met and whether its approach is a proportionate means of achieving a legitimate aim.
That means organisations should avoid making blanket decisions without considering the purpose of the service, the needs of service users, the evidence available and the impact on different groups.
Trans people remain protected from discrimination
The change in the legal interpretation of sex should not be confused with removing protection for trans people.
Gender reassignment remains protected under the Equality Act.
An organisation could therefore potentially discriminate unlawfully against a trans person because of gender reassignment even where it is correctly applying provisions relating to sex.
The Equality Act contains specific provisions allowing access to a separate or single-sex service to be restricted in relation to gender reassignment in certain circumstances, but those provisions are not an automatic permission to exclude trans people from services.
Where an organisation relies upon an exception, it must be able to demonstrate that its approach meets the relevant legal requirements, including proportionality where required.
Sexual orientation remains protected too
It is equally important to be clear that sexual orientation remains a protected characteristic under the Equality Act 2010.
Lesbian, gay and bisexual people continue to have protection against unlawful discrimination because of their sexual orientation.
The recent changes to the interpretation of sex have not removed or reduced sexual orientation as a protected characteristic.
VCSE organisations should therefore continue to ensure that equality, dignity and inclusion are reflected across their policies, services, volunteering and organisational culture.
What should trustees and organisations do now?
There is no need for organisations to panic or immediately rewrite every policy.
Instead, organisations should take a proportionate approach.
1. Understand whether the changes actually affect your services
Consider whether your organisation operates any separate-sex or single-sex services, facilities, accommodation or activities where sex is relevant.
If not, the impact on your day-to-day service delivery may be relatively limited.
2. Review relevant policies
Where appropriate, review equality and diversity policies, service eligibility criteria, safeguarding procedures, privacy and dignity arrangements and any policies governing single-sex provision.
Do not automatically remove existing commitments to LGBT+ inclusion or protection from discrimination.
3. Review the reason for any restrictions
If your organisation provides a service only to women or only to men, make sure you understand the legal basis for doing so.
Where proportionality is required, organisations should be able to explain the legitimate aim they are seeking to achieve and why the approach taken is proportionate.
4. Record significant decisions
Where trustees or senior leaders make decisions about access to services, particularly single-sex services, keep a clear record of:
- what was considered
- why the decision was necessary
- what evidence informed it
- the impact on different service users
- whether less restrictive alternatives were considered
- why the final approach was considered proportionate.
Good governance is not simply about reaching a decision; it is also about being able to demonstrate how that decision was reached.
5. Consider all protected characteristics
Equality decisions should not focus on one protected characteristic in isolation.
Depending on the service, organisations may need to consider sex, gender reassignment, sexual orientation, disability, religion or belief and other protected characteristics.
For organisations carrying out public functions, the Public Sector Equality Duty may also be relevant and requires due regard to eliminating unlawful discrimination, advancing equality of opportunity and fostering good relations.
6. Protect people's privacy
Organisations should be cautious about collecting unnecessary personal information.
The EHRC specifically highlights the importance of handling information about sex sensitively and in accordance with data protection law.
Organisations should not assume they need to ask intrusive questions or request documentation simply because the Code has changed.
7. Seek advice where services are complex
Organisations delivering specialist services – particularly domestic abuse, sexual violence, health, accommodation, intimate care or other services involving privacy and dignity – may need specialist legal advice when developing or changing policies.
What should organisations avoid?
The new Code should not be interpreted as permission to discriminate against LGBT+ people.
Equally, organisations should not ignore the legal provisions relating to sex where they genuinely apply to the service being provided.
The safest approach is not to make assumptions in either direction.
Policies should be lawful, evidence-based, proportionate and appropriate to the particular service.
A useful principle for VCSE organisations
The VCSE sector works with people experiencing many different forms of disadvantage and inequality.
Good equality practice therefore remains much broader than simply complying with the minimum requirements of legislation.
Organisations can continue to create welcoming and inclusive environments while complying with the Equality Act and the new Code.
The key is understanding the distinction between:
The Equality Act – the law
and
The EHRC Code – statutory guidance explaining how that law should be applied.
The Code has changed, but the Equality Act continues to protect people from unlawful discrimination.
- Sex remains a protected characteristic.
- Gender reassignment remains a protected characteristic.
- Sexual orientation remains a protected characteristic.
For trustees, staff and volunteers, the practical message is therefore to review rather than react: understand whether the changes are relevant to your services, review any affected policies and decisions, document your reasoning and seek specialist advice where necessary.
Further information
VCSE organisations can read the full Equality Act 2010 Code of Practice for services, public functions and associations 2026 on GOV.UK and further information from the Equality and Human Rights Commission.
The Charity Commission has also advised charities to prepare for compliance with the new Code and is updating its own Equality Act guidance for charities.
This information is intended to help VCSE organisations understand the changes and does not constitute legal advice.
