The EHRC Code of Practice consultation – Making Music briefing for members
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. If the changes to the code of practice are likely to affect your group, you can respond to the consultation, and help to make sure that guidance for your group – and groups like yours – is clear and applicable.
Read about the context that led to these changes
What is the purpose of the Code of Practice?
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 Code of Practice is statutory guidance that explains how the Equalities Act should be applied in practice, including providing real world examples. Although it is ultimately a group’s responsibility to operate within the law, the guidance is written to help you understand how to do that, as you open yourself up to legal action if you don’t.
Once this consultation is complete, EHRC will present the amended draft to Ministers in July 2025 and if they agree, the guidance will become statutory i.e. it will become the official instruction from government on how to meet the requirements of the law.
Does the EHRC Code of Practice apply to our group?
The Code of Practice is for services, public functions and associations, and covers all 9 protected characteristics (age, disability, sex, gender reassignment, race, religion or belief, sexual orientation, marriage and civil partnership, pregnancy and maternity) . If your group is constituted, with terms of membership, then you are an association. If your group provides a service (concerts, led music activity, festival etc.) the Equalities Act also applies to you. We can’t think of one of our members that would not fall under one or both of these descriptions, so the Equalities Act Code of Practice applies to all members. The EHRC refers to you as ‘duty bearers’.
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 room) as part of their activity. So if you are a mixed sex group, and are never responsible for designating a service or space as single sex (e.g. if you hire a building whose changing rooms are defined by the building operator) then it is unlikely these changes will relate to you.
Who should complete the consultation – and why?
Anyone who it will directly impact is invited by the EHRC to respond. If the guidance relates to you, this is your chance to comment on whether it is clear, makes sense, is relevant to your context and will be applicable. If you read the draft guidance presented in the consultation and any of it is confusing or impossible to apply, this is your chance to say. 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.'
What is it not for?
The consultation is not on the Equalities Act itself, nor on the Supreme Court ruling, so this consultation is not the route to comment on those.
Which of the questions should you answer?
For each point that is being amended, the consultation asks:
- If the explanation of the updated point is clear.
- If there is anything you would change to make the explanation clearer (free text)
- Will your organisation make any changes as a result of this update to the code of practice?
- What changes might your organisation make as a result of this update to the code of practice? (free text)
If there is a point of guidance you would rely on, and the update doesn’t provide you with the clarity you need, that’s a point to respond to. You don’t have to answer all the questions. If a section of the updated code seems clear and easy to apply, or if it doesn’t relate to your group, there’s no need to make a comment.
Making Music has prepared a response which queries the points we think lack clarity or cause confusion specifically for Making Music member groups or music groups that operate like the ones in our membership. We’ve not responded to all the points. You may agree with us and choose to answer on those points. You may take issue with other points or disagree with us. A document is attached with our draft responses in brief for you to consider.
The survey closes on 30 June.
