Charity Commission urges charities to prepare for EHRC Code changes

The Equality and Human Rights Commission's (EHRC) updated Code of Practice for Services, Public Functions and Associations will come into force on 5 August 2026, giving statutory guidance on the application of the Equality Act 2010 following the Supreme Court's decision in For Women Scotland v Scottish Ministers, which confirmed that references to "sex" in the Equality Act mean biological sex. 

This is a particularly challenging and sensitive area for charities, many of which have been awaiting sector-specific guidance from the Charity Commission before making changes to policies and practices. However, in its recently published interim update, the Commission has made clear that charities should not wait for that guidance before taking steps towards compliance. Trustees are expected to consider now how the updated Code may affect their organisations’ activities and, where appropriate, seek legal advice. 

The Commission is currently updating its Equality Act guidance for charities and expects to publish this in the autumn. It has indicated that the guidance will help charities to understand how the Equality Act and the updated EHRC Code apply in a charity context, including the scope of the charities’ exception and the circumstances in which positive action may be lawful. However, the Commission has emphasised that its guidance will not alter the legal position established by the Supreme Court or the need for charities to ensure that their policies and practices are consistent with the Code.

Importantly, the regulator has signalled that compliance is a trustee responsibility and warned that unreasonable delays in taking steps towards compliance could be treated as a breach of trustees' duties. Charities should therefore consider carefully whether their existing policies and practices remain appropriate in light of the updated EHRC Code.

Charities will need to continue navigating this complex and often contentious area carefully, balancing legal compliance with their charitable purposes and organisational values. Charities should ensure they are taking appropriate steps now to understand how the updated Code may affect their organisation and, where necessary, seek advice. If you would like advice on the implications of the updated Code for your charity, please get in touch.