EHRC launches a consultation on its Code of Practice for services, public functions and associations

On 2 October 2024, the EHRC launched a consultation on its updated Code of Practice (Code) for service providers, public functions and associations.

The Code essentially explains how the Equality Act 2010 works in practice. It sets out the steps that should be taken, by those providing services, public functions and associations, to ensure that people are not discriminated against. The proposed updates incorporate the EHRC’s technical guidance on age discrimination (first published in March 2016) and its guidance for single-sex service providers (first published in April 2022). The updates also include significant developments in legislation and case law since its first publication.

What are the proposed key updates?

1.???? As stated above, the Code now incorporates the EHRC’s technical guidance on age discrimination.

2.???? It also accurately reflects the position on disability, belief, gender reassignment and race. These updates include case law developments relating to the definition of disability, as well as the threshold for a philosophical belief to be protected under the Equality Act.

3.???? There are also updates to the current position on comparators, discrimination because of pregnancy and maternity, discrimination by association, and indirect discrimination. These updates include case law developments regarding ‘ordinary’ indirect discrimination, and the new statutory provisions introducing ‘same disadvantage’ indirect discrimination.

4.???? There is also clarification on the legal requirements for positive action.

5.???? The updates also reflect legislative changes in relation to same-sex marriage and civil partnerships. ?

If you wish to comment on the proposed updates, the consultation closes on 3 January 2025.

Key takeaways

If you are a service provider, provide a public function or are an association, it is advisable to familiarise yourself with the proposed changes, as the final version of the Code will ultimately assist Courts and Employment Tribunals interpret the Equality Act 2010.

Employers can be liable for acts of discrimination, harassment or victimisation committed by their employees in the course of their employment (and for acts committed by their agents while acting under their authority). Employers should therefore ensure they have taken all reasonable steps to prevent those acts from occurring. Such steps include:

• Having robust policies in place and ensuring the policies are communicated to all staff.
• Carrying out sufficient training.
• Monitoring the effectiveness of the policies.
• Ensure that allegations of discrimination, harassment and victimisation are handled swiftly and in accordance with policies and procedures.

If you or your business requires any assistance. Please contact a member of the Employment, Pensions & Immigration department who will be happy to help.

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