Associate Jennifer Scott, in our Charities & Education team, discusses the newly published Equality Act Code of Practice draft.
On 21 May 2026 the long-awaited draft Code of Practice for Services, Public Functions and Associations (the ‘Code’) from the Equality and Human Rights Commission (the ‘EHCR’) was published.
The draft Code was submitted on 4 September 2025 and was updated and revised in April 2026. The Secretary of State for Education and Minister for Women and Equalities, Bridget Phillipson, has been under pressure to provide clarity on the Code, particularly following the Supreme Court ruling in landmark case For Women Scotland.
Phillipson has now approved the draft Code which was published last week. There has been significant concern that the draft code is exclusionary and will create uncertainty across sectors, including the third sector.
The Code will be laid before Parliament for a forty-day period. If a resolution disapproving the draft is not passed by either House within this period, the EHRC may issue the Code in the draft form and it shall come into force by order of the Secretary of State. This is anticipated to be at the end of June 2026.
Although the Code is not law, it is statutory guidance and can be relied upon as evidence in Equality Act claims and taken into consideration by courts and tribunals.
The Code may have a significant impact on service providers, associations and those exercising public functions. This will capture businesses and those in the third sector. The Charity Commission has told Third Sector publication that they will be updating their guidance ‘at pace’ and has acknowledged that charities can have combinations of charitable purposes and stated beneficiaries and that detailed guidance on the intersection of charity law will help trustees make lawful decisions in the best interests of their charity.
We recommend staying alive to the progress of the Code and to get in touch if you have any questions as to how you may be affected by the Code.
For further information or legal advice on the Code, or another matter of charity law, please email law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
