The Equality and Human Rights Commission’s revised Code of Practice on Services, Public Functions and Associations has officially been approved by the Government, raising significant concerns among the trans community. While the Code serves as guidance rather than legislation, its potential impact on trans people’s ability to access services and support safely and confidently is a major worry.
The LGBT Foundation has consistently expressed concerns about the direction of this guidance, highlighting the uncertainty it creates for both trans communities and service providers. Despite these concerns, 166 MPs supported an Early Day Motion opposing the Code, demonstrating strong cross-party commitment to dignity, inclusion, and equal treatment for all.
The Impact on Trans and Non-Binary Individuals
Many trans and non-binary people, as well as those whose gender doesn’t conform to traditional stereotypes, are feeling anxious, disappointed, or frightened about the new Code. The LGBT Foundation emphasizes that these individuals belong, are valued, and deserve to live their lives free from discrimination. The development of the Code does not alter this fundamental truth.
The uncertainty extends to organizations striving to provide inclusive, welcoming, and safe services. The LGBT Foundation remains committed to supporting these providers in upholding the rights, wellbeing, and dignity of LGBTQ+ people while navigating the increasingly complex legal and policy landscape. Organizations in need of support are encouraged to reach out.
Questions and Future Advocacy
Serious questions remain about how the EHRC’s guidance will operate in practice and its impact on people’s everyday lives. The LGBT Foundation is particularly concerned about the existing barriers to accessing healthcare for LGBTQ+ individuals. Moving forward, the Foundation will work alongside LGBTQ+ organizations, allies, communities, businesses, and decision-makers to advocate for a future where everyone can access services safely and with dignity.
Trans people deserve not just to exist in public life but to have the opportunity to thrive. The LGBT Foundation encourages communities to support one another in the coming months, to attend Trans Pride events, and to seek out and embrace queer hope and joy wherever possible.
The Equality Act and the Code of Practice
The Equality Act covers discrimination, harassment, and victimization based on nine protected characteristics, including gender reassignment. The Act unifies various pieces of legislation that previously addressed discrimination against individuals with different protected characteristics. The Act applies to different areas of activity, including employment, education, housing, the provision of services, the exercise of public functions, and membership of associations.
The Code of Practice, prepared by the EHRC, provides detailed explanations of the Act to assist courts, lawyers, and the public in understanding their responsibilities and rights. While the Code does not impose legal obligations, it can be used in evidence in legal proceedings and may help service providers avoid adverse decisions by courts.
The Code covers discrimination, harassment, and victimization in services and public functions, as well as by associations. It applies to England, Scotland, and Wales and includes examples of good practice, case law, and how the Act is likely to work in different situations. The EHRC has also produced practical guidance for service providers, those exercising public functions, associations, and the public to help them understand the Act and their responsibilities.
