The Equalities and Human Rights Commission consultation – your chance to have your say.
The Equalities and Human Rights Commission (EHRC) has launched a consultation on updates to its Code of Practice for services, public functions and associations. This follows the Supreme Court’s judgement on the definition of terms 'man', 'woman' and 'sex' in the Equality Act 2010 on 16th April.
Read about the context that led to these changes
The Equality Act 2010 provides a legal framework to protect the rights of individuals and advance equality of opportunity for all. It provides Britain with a discrimination law which protects individuals from unfair treatment. The EHRC Code of Practice is statutory guidance that explains how the Equalities Act should be applied in practise. It is the guide that helps you understand how to operate within the law and provides real world examples.
The Code of Practice applies to any association or group offering a service, so the guidance does apply to Making Music members. However, the changes to the Code of Practice particularly relate to those associations and services that define themselves as single sex, or provide single-sex spaces (e.g. a changing rooms) as part of their activity.
If you think the changes to the code of practice are likely to affect your group, you can respond to the consultation. This is your chance to comment on whether guidance is clear, makes sense, is relevant to your context and will be applicable. You can also make suggestions as to what would be clearer, including giving examples from your own operating context.
The EHRC Chair, Baroness Falkner, said when the consultation was launched:
'The consultation … will help ensure our services code of practice is a useful and authoritative guide. Please tell us if you think it could be clearer or more helpful. That way, whether you’re a shop owner or the chair of a local sports club; the manager of a hotel or a hospital; an HR professional or a solicitor – you will have guidance to follow so you can be confident that you’re upholding the law.'
The consultation is an online survey. You only need to comment on the points of guidance that are relevant to your group, which will not be all of them. Making Music will be responding, and Making Music members can look at an extract of our response for some suggestions as to which points to comment on.
The survey closes on 30 June. EHRC intends to present the amended draft to Ministers in July 2025 and if they agree, the guidance will become statutory.
