The Equality and Human Rights Commission (EHRC) has initiated a consultation on its updated Code of Practice for services, public functions, and associations. This consultation is a significant step in ensuring that the Code remains relevant and effective in guiding service providers, public bodies, and associations in complying with the Equality Act 2010. The updated Code incorporates recent legal developments and aims to provide clear, accessible guidance to help organisations uphold equality and prevent discrimination. The consultation period is open until 3 January 2025, allowing stakeholders to provide feedback on the proposed updates and their practical implications.
Key updates in the Code of Practice
The updated Code of Practice incorporates several important changes that reflect recent legal and case law developments. These 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. These developments include case law relating to the definition of disability, as well as the threshold for a philosophical belief to be protected under the Act.
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. These developments include case law regarding ‘ordinary’ indirect discrimination, and new statutory provisions introducing ‘same disadvantage’ indirect discrimination (section 19A).
Positive Action (chapter 10): This chapter has been re-structured and edited to clarify the explanation of the legal requirements for positive action.
Exceptions (chapter 13): This chapter has been substantially updated for clarity and consistency. It 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 chapter has also been revised throughout to reflect differences in terminology and procedure applicable in Scotland, as well as England and Wales.
Timeline for implementation
Employers should take a proactive approach to implement the changes outlined in the updated Code of Practice. A suggested timeline includes:
Immediate review: Conduct an immediate review of current policies and practices to identify areas that need updating in line with the new Code.
Training sessions: Organise training sessions for all employees, focusing on the key changes in the Code and how they impact workplace practices.
Feedback mechanism: Establish a feedback mechanism to gather input from employees and stakeholders on the implementation of the new guidelines. This can help identify any challenges and areas for improvement.
Ongoing monitoring: Implement an ongoing monitoring process to ensure compliance with the updated Code and address any issues that arise promptly.
Consultation process and stakeholder engagement
The EHRC is actively seeking input from a wide range of stakeholders, including professional advisors, service providers, and individuals who use the Code of Practice. The consultation aims to gather feedback on the clarity and accessibility of the updated Code, as well as its interpretation of legal changes. Stakeholders are encouraged to participate in the consultation process to ensure that the final version of the Code meets the needs of all parties involved and effectively supports the promotion of equality and prevention of discrimination.
