Supreme Court ruling – it’s time for clarity and meaningful consultation

The Supreme Court has handed down its judgement, stating it provides clarity. But while that may be the intention, we know from public and private conversations there remains widespread confusion and different interpretations, especially in the light of the Equalities and Human Rights Commission (EHRC)’s interim update published on Friday 25 April.  

This situation is not helpful. It may embolden some people to overstate the implications, make hasty decisions and at worst, it could put trans people and others at risk of hate or harm, or facing difficult situations. 

At Stonewall, we are taking time to fully understand the ruling and through legal advice what it actually means, in particular to get ‘clarity’ on the process and timeline of the consultation and on the parliamentary adoption of the statutory code of practice.  

The process to create statutory guidance – and time for meaningful consultation 

The EHRC is responsible for promoting and enforcing the Equality Act. The Equality Act was published in 2010 and it was felt that the EHRC guidance needed updating to ensure it was fit for purpose and reflected case law that has evolved over that time. In October 2024, it launched a consultation on a revised draft code of practice, based on the legal interpretation of the Act which ran for three months until 3 January 2025. But the renewed code was not published.  

Last Friday - 25 April 2025 - the EHRC published an interim update on the practical implications of the UK Supreme Court judgment. Its publication was a surprise to the Government, civil society and others. This update is not a legal document. However, it is safe to conclude that it outlines the direction of travel that the EHRC believes its statutory guidance should take, once it has been consulted upon and gone through due parliamentary process. But the status of the update, and its legal standing, have been widely misunderstood. 

When publishing the update, the EHRC said it would revise its unpublished draft Code of Practice - and carry out a public consultation to seek views from affected stakeholders to understand how they should reflect the practical implications of the judgment in the guidance. A consultation needs to be long enough to be both meaningful and lawful, when important guidance is published. 

The upcoming EHRC consultation intends to launch in mid-May - for two weeks only.  

The timetable is too tight. It will not allow people – including businesses, service providers, charities and individuals – to understand its potentially wide-ranging implications and provide a meaningful response. It could be argued it is neither a meaningful nor lawful time frame. 

LGBTQ+ sector and human rights organisations, including Stonewall, have written to the EHRC, and separately to the Government. Those signing the letter have requested the consultation be extended in line with Cabinet Office guidelines which recommend 12 weeks. Shaping good guidance takes time. 

The process doesn’t end once the consultation is complete – it isn’t implemented until it has gone through a Parliamentary process.  

Already, there have been many MPs and Lords who have voiced concerns about the wide-ranging implications of this ruling on public life, the duties of businesses and organisations and on legislation. So it is not a given that it will be approved.  

For now, our efforts are focused on ensuring a meaningful consultation process, participating in that consultation and encouraging business and service providers to actively engage in a process that will likely have a direct and unclear impact on their operations and employees, who have a legal duty to protect the rights of everyone. We’ll support trans-led organisations to ensure that the voices of the community are heard. We will support parliamentarians to understand the practical implications of the ruling and help unpick the legal confusion created in considering how the ruling would need to be applied in practice. 

Pushing for a fair and meaningful process, shaped by real stories  

At Stonewall, we will be working hard to ensure different experiences and identities are heard through the consultation process. We cannot talk dignity and respect and walk a completely different road. Real life stories, scenarios and impact on people’s dignity and respect must be considered as part of the consultation.  

A consultation process that is afforded the time it requires is step one. 

Accessing support 

We know many people are finding the implications of this emotionally and practically difficult. If you need support please contact Switchboard, Mermaids or MindOut.