Charities urged to prepare for compliance with the updated EHRC Code of Practice
The Charity Commission has issued an interim update reminding charities that they should begin preparing now for compliance with the Equality and Human Rights Commission (EHRC) Code of Practice for Services, Public Functions and Associations, which is due to come into force on 5 August 2026. Once in force, the Code will have statutory status and will provide authoritative guidance on how organisations should comply with the Equality Act 2010.
The Commission has emphasised that charities should not wait for charity-specific guidance before taking action. Trustees are already responsible for ensuring that their organisation complies with the law, and unreasonable delays in preparing for the updated Code could be viewed as a failure to fulfil those responsibilities.
What should charities be doing now?
The Charity Commission advises trustees to begin reviewing whether any changes may be required within their organisation. Depending on the charity's activities, this may include:
Reviewing existing policies and procedures.
Considering whether legal advice is required.
Assessing how services are delivered and whether they align with current legal requirements.
Ensuring trustees understand their legal duties under the Equality Act 2010.
Preparing for the implementation of the updated EHRC Code once it comes into force.
The Commission has confirmed that it is working to produce updated charity-specific guidance, expected later this year. This guidance will explain how the Code applies to charities, including matters such as the charity exception and positive action provisions. However, trustees remain responsible for ensuring compliance with the law in the meantime.
Why is this update significant?
The updated Code follows the Supreme Court judgment in For Women Scotland Ltd v Scottish Ministers, which clarified that, for the purposes of the Equality Act 2010, the protected characteristic of sex refers to biological sex. The EHRC Code is intended to help organisations understand how the law should be applied in practice when delivering services, exercising public functions and operating associations.
For many charities, the changes may not require immediate operational changes. However, trustees should ensure they understand the legal framework, review existing arrangements and document any decisions they make as part of their governance responsibilities.
Why this matters
This update serves as a reminder that trustees have an ongoing responsibility to ensure their charity complies with current legislation, rather than waiting for additional guidance to be published. Organisations should take the opportunity to review their governance arrangements, policies and risk assessments, consider whether staff and volunteers require updated training, and ensure that decision-making is evidence-based, proportionate and appropriately documented. For safeguarding organisations in particular, maintaining lawful, inclusive and well-governed services is an important part of protecting those who access support and demonstrating good organisational governance.
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Guidance- Equality Act 2010: Code of Practice for services, public functions and associations, 2026