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EHRC Code of Practice

7th July 2025

Consultation - next steps 

The Equality and Human Rights Commission has now closed their consultation on the draft Code of Practice for services, public bodies and associations. This consultation was open from 20th May to 30th June and was in response to the Supreme Court ruling on 16th April.

We found this consultation harder to engage with than previously, we published a statement with other Scottish LGBTIQ+ organisations about this here. As planned, we submitted an organisational response, focusing mainly on the sport section.

In our response we highlighted the following:

  • The proposed Code of Practice (CoP) risks breaching the human rights of trans, non-binary and gender non-conforming people
  • Our concern the CoP is putting too much focus on how to legally exclude trans people, with little to no guidance on how to include them
  • The guidance should make it clearer that provisions in chapter 13.1 do not apply to non-competitive sports and activities.
  • The guidance as a whole does not adequately address provisions for mixed-sex sport, which has seen significant growth in many sports in recent years. It would be a regressive consequence for sports organisers to consider that they can no longer provide these.
  • That the EHRC ought to reinforce the point here that the guidance should clarify that it is down to each sport to make policy for itself.
  • Additionally we ask the EHRC to make it clear that what constitutes competitive advantage will depend on each sport, and that the evidence on the extent it matters and how it is conferred in relation to each of physical strength, stamina or physique, will differ from sport to sport too. There is not a universally applicable policy.

Finally, we highlighted that the Equality and Human Rights Commission has legal duties to promote equality, diversity and human rights across society, including for trans people, and this risks being undermined by the new proposed guidance.

What now?

The EHRC will now draft their Code of Practice and share with the UK Minister for Equalities for her to approve and lay before Parliament. There is still time to email Bridget Phillipson, the Minister for Equalities, as well as your MP to tell them they should protect trans people’s human rights. We recommend using this easy letter writing tool by Scottish Trans

Written on 7th July 2025.