In May the Equality and Human Rights Commission (EHRC) published an updated version of its Code of Practice, which gives guidance to organisations on how to comply with equalities law.
The guidance has been updated to reflect significant developments in legislation and case law, including the 2025 Supreme Court ruling on the definition of sex in the Equality Act 2010.
Unless there is a motion to reject it by MPs or peers, the Code will become statutory following a 40-day review period that started on May 21.
In response to the updated guidance, Community Assistant General Secretary Alasdair McDiarmid said:
“Community notes the publication of the EHRC Code of Practice.
“The Code sets out updated guidance on the application of the Equality Act 2010, including in relation to sex and gender reassignment as protected characteristics. It is essential that such guidance is clear, legally sound, and capable of being applied in a consistent and practical way.
“While the Code reflects the existing legal framework, it raises important questions about interpretation and implementation, which require careful consideration. We also note that some aspects of the EHRC interim guidance, which proved difficult to reconcile with established practice and generated significant concern, do not appear in this version of the Code.
“The Code will now be subject to the formal parliamentary process, requiring approval before it comes fully into force. This scrutiny is an important step in ensuring that the guidance is robust, proportionate, and aligned with the law.
“It is important to be clear that the Code of Practice does not introduce new law and is not specifically directed at workplace arrangements. Employment relations will continue to be governed by existing legislation, collective agreements, and established processes of engagement between employers and trade unions.
“Community will review the Code in detail as it progresses through Parliament, and will engage with members, representatives and employers. Community is committed to supporting equality within the workplace and wider UK society.”
© Community Trade Union 2026
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