EHRC Code to come into force: what now?

The current Minister for Women and Equalities, in one of this government's last acts before a change of leadership, has made an order to bring the EHRC's harmful Code of Practice into force.

The order will revoke the previous Code, from 2011, and bring the new one into effect as statutory guidance on 5th August 2026.

This Code is not law itself, it is statutory guidance which is meant to give workable approaches to help organisations on how to follow the law. We’re clear it fails to do this.

What does this mean? 

We are really concerned that this Code of Practice will cause widespread harm. Trans people will be left exposed to risk - and our access to vital services of all kinds will become more limited. In many cases, this harm is already happening. 

For service providers, this guidance does not give them the information they need to operate inclusively and in line with their values. It will not survive contact with reality in most settings. The EHRC's consultation report said that "many respondents ... focused on ‘trans exclusion’ and asked for guidance on lawful ‘trans-inclusive’ approaches.".

They know this is what duty bearers need and want, but their Code of Practice does not provide it. 

The Minister suggested recently that she was allowing this to happen to settle debate on trans inclusion, and allow the country to ‘move on’. But the harm and litigation associated with this mess will lead to the opposite.

This is an injustice, running entirely contrary to Parliament's intent for trans equality and legal gender recognition. This injustice will eventually be undone, but every day we wait is causing trans people more harm. The government's own Equality Impact Assessment acknowledges that trans people and gender non conforming cis people will both be victims of this code. The climate it creates of suspicion and policing of gender puts everyone at risk. 

It is important to note that the Code of Practice applies to services, public functions, and associations and not - for example - the employment setting. It is also important to be clear that this is guidance for duty bearers (usually organisations), not criminal law that applies to individual members of the public. 

What happens now? 

This Code of Practice follows on from the Supreme Court's judgment last year. Whether it is 'right or wrong' on the law as it stands will inevitably be grappled with by the courts over several years, with trans people, business, public services, and charities in the crossfire. 

It is clear that the law needs to change to protect the rights of trans people in the UK. The current situation is not acceptable, and leaves the UK out of step with the international norm and its human rights commitments. 

This is about trans people’s ability to go about our day to day lives safely and with confidence. This Code of Practice will not make the issue 'go away', as some seem to wish. 

We aren't going anywhere, and we have to fix the law. 

What actions can I take? 

Will you join us in Parliament on 9th September for our (rescheduled) mass lobby for trans equality? 

This is just after Parliament returns from recess, with a new Prime Minister and new Cabinet in place. It's vital that we show up, and make the case for change.

Save the date. 

We’ll give more detail on timings and how to get involved soon, but now is the time to get that day off work, find a way to get out of plans, and join us to exercise your democratic rights. 

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Other actions you can take include making sure that your MP knows what this means for you, your friends, family and community in everyday life, showing up to protests, and supporting one another.

Be kind to yourself, this news will sting - but we will persevere.