The EHRC’s Statutory Guidance and the UK Supreme Court ruling

All LGBTQ+ people deserve acceptance for who they are. For trans+ people in the UK, their right to live dignified lives is now under threat.   

Following publication of the updated EHRC Code of Practice, we are clear that the current situation is untenable. As the government’s own impact assessment shows, there is now a significant gap in equality protections for trans+ people in the UK.  

Stonewall is engaging with a wide variety of stakeholders in the community and across Parliament. Collectively we are driving home how unworkable key areas of the Code will be for many service providers and public bodies.  

We must all now work together to ensure the Government and country has a clear vision for equality in the UK, where trans+ people have full protections under the law and they, like everyone else, can live their lives free from uncertainty and fear.  

We call on everyone to show solidarity with trans+ people. We will keep working with partners and collaborators until every LGBTQ+ person has protection and dignity under the law. 

If you’re affected by the impact of the Supreme Court ruling and the EHRC Code of Practice, you can speak in confidence to the team at https://switchboard.lgbt.

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What is the EHRC Code of Practice and why does it matter

The UK Supreme Court judgment on 16 April 2025 ruled the legal definition of a ‘woman’ for the purposes of the  Equality Act 2010 is based on biological sex, leaving many trans people feeling deeply worried and uncertain. Many organisations and service providers are unsure about what this means for them. 

The judgment specifically refers to people with Gender Recognition Certificate (GRC), who have legally changed their sex in the UK. There are around 9,000 trans people with a GRC in the UK.

Following the ruling, the Equality and Human Rights Commission (EHRC) proposed changes to the ‘Code of Practice for Services, Public Functions and Associations’. This code outlines the steps that service providers should take to make sure that people with protected characteristics are not discriminated against. 

Our concerns

The changes to the code of practice proposed by the EHRC were consulted on through a six week public consultation. This was a timeframe that we – and many others – voiced concerns about, for being too hasty to enable meaningful consultation. 

There were also other concerns raised about the process - one of them being that the full draft code was not published for consultation. Instead, the EHRC published sections that they thought were relevant making it more difficult for individuals and organisations to respond meaningfully. 

We worked closely with LGBTQ+ organisations across the sector and supported individuals, organisations and parliamentarians to respond effectively. 

There were over 50,000 responses to the consultation. Many of these responses will have raised complicated legislative and practical questions. Ensuring that these responses are meaningfully considered would take the EHRC a considerable amount of time.

Parliamentary process

The Equality and Human Rights Commission published its long-awaited updated Code of Practice on Services, Public Functions, and Associations on 21 May 2026, which covers all the characteristics protected under the Equality Act. If a ‘resolution to disapprove’ the draft code is passed in either House before 9 July 2026, the draft code cannot be issued by the EHRC and signed into law. If the date is reached without Parliament passing a resolution to disapprove, the draft code becomes new statutory guidance.

There is no automatic route for the Code of Practice to be debated or voted on.