Charities across the United Kingdom are being urged to take immediate steps to ensure their compliance with the Equality and Human Rights Commission's (EHRC) new Code of Practice. The Code, which is set to come into legal force imminently, will provide statutory clarification on the interpretation of 'sex' under the Equality Act 2010, defining it as biological sex. This change carries significant implications for how charities operate and deliver their services.
The Charity Commission has issued an interim update, highlighting that while it is working to publish comprehensive guidance during Autumn 2026, charities should not delay in preparing for the new legal framework. This preparation may involve reviewing existing policies, seeking independent legal advice, and assessing how the updated definition of sex impacts their specific activities and provisions. The Commission's forthcoming guidance will offer further support, explaining how the Equality Act and the Code affect charitable organisations, including the application of the charities' exception and the scope for positive action.
A pivotal aspect of the new Code, and the Commission's advice, is its alignment with the Supreme Court's April 2025 judgment in For Women Scotland v Scottish Ministers. This landmark ruling established that 'sex' for the purposes of the Equality Act means 'biological sex'. Charities must understand that the Commission's guidance will not alter this fundamental legal principle, which now underpins the EHRC Code of Practice.
Trustees hold a primary responsibility to ensure their charity adheres to the law. The Charity Commission has underscored that compliance with the Code, once it becomes legally enforceable, is a duty for trustees. Unreasonable delays in taking proactive steps towards compliance could be considered a breach of these responsibilities, potentially leading to regulatory action. Therefore, even without the full Commission guidance, charities are expected to begin their preparations now.
For many charities, particularly those providing single-sex services or operating in areas related to gender identity, this clarification will necessitate a careful review of their operations, facilities, and communications. The aim is to ensure that their services remain accessible and compliant with the law, while also upholding their charitable objectives. The sector is now bracing for a period of adjustment as organisations work to integrate these legal changes into their daily practice.