Equalities watchdog launches consultation on updated code of practice for services and public functions

The Equality and Human Rights Commission (EHRC) has launched a consultation on an updated Code of Practice for services, public functions and associations, which has been updated to incorporate the EHRC’s technical guidance on age discrimination, and to reflect legislative changes in relation to same-sex marriage.

The Code of Practice, which sets out the steps that should be taken to ensure people are not discriminated against, now also reflects “significant developments” in legislation and case law since it was first published in 2011, said the EHRC.

These developments include case law relating to the definition of disability and the threshold for a philosophical belief to be protected under the Equality Act.

The Code of Practice explains how the Equality Act 2010 works in relation to the provision of services, public functions and associations. Its key updates include:

• Who has rights (chapter 2): This chapter has been updated to incorporate the EHRC’s technical guidance on age discrimination. It also more accurately reflects the position on disability, belief, gender reassignment and race, following developments since the original Code of Practice was published.
• Direct and indirect discrimination (chapters 4 and 5): These chapters have been updated to incorporate the EHRC’s technical guidance on age discrimination. They also update the current position on comparators, discrimination because of pregnancy and maternity, discrimination by association, and indirect discrimination, following developments in legislation and case law.
• Exceptions (chapter 13): This chapter now reflects legislative changes in relation to same-sex marriage (the Marriage (Same Sex Couples) Act 2013) and civil partnerships (the Civil Partnership (Opposite sex Couples) Regulations 2019). It has also been updated in line with the EHRC’s guidance on separate and single-sex service providers, and to incorporate a number of age-specific exceptions contained in its technical guidance on age discrimination. 
• Enforcement (chapter 14): This chapter has been updated in line with legislative changes since the original Code of Practice, including the repeal of certain provisions relating to conciliation and to a formal questionnaire procedure.

The consultation, which closes on 3 January 2025, is asking for views on how easy the updated Code is to understand and whether its interpretation of changes to the law and its associated impacts are clearly articulated. 

Chairwoman of the Equality and Human Rights Commission, Baroness Kishwer Falkner, said: “As Britain’s independent equality watchdog, our mission is to ensure people are treated fairly, consistent with the Equality Act.

“People with protected characteristics should not be discriminated against when using any service. However, that doesn’t necessarily mean that service providers need to treat everybody in exactly the same way. In some circumstances, a service may be provided in a different way to meet users’ needs.”

She added: “This is a complex area of law, which has evolved significantly since our statutory Code of Practice was first published, and we appreciate that service providers and legal advisors need help to navigate these challenges.

“That’s why we are updating the Code, to reflect and clarify the law as it currently stands. It is intended to be an authoritative guide – so whether you’re a shop owner or the chair of a local sports club; the manager of a bank, a hotel or a hospital; an HR professional or a solicitor – you can be confident that you are upholding everyone’s rights.”

Lottie Winson