The Equality and Human Rights Commission (EHRC) has released an updated Code of Practice, providing comprehensive guidance on how equality legislation applies in the workplace and beyond. This revised code replaces the previous 2011 version and reflects changes in law and society over the past decade.
What is the Code of Practice?
The Code of Practice is a statutory document that explains how the Equality Act 2010 should be interpreted and applied. It covers all protected characteristics, including age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The code is used by courts and tribunals as a reference point when deciding cases, making it a critical tool for employers, service providers, and individuals.
Key Updates in the New Code
The updated code clarifies several important areas:
- Harassment and Victimisation: Expanded guidance on what constitutes harassment, including third-party harassment and the use of social media. Employers are reminded that they can be liable for harassment by employees outside of work if it creates a hostile environment.
- Reasonable Adjustments: More detailed examples of what constitutes a reasonable adjustment for disabled people, including the duty to remove physical barriers and provide auxiliary aids. The code stresses that the duty is anticipatory, meaning employers must plan ahead.
- Direct and Indirect Discrimination: Clearer explanations of how indirect discrimination can occur, with updated case law examples. The code also addresses the concept of associative discrimination, where someone is discriminated against because of their association with a protected characteristic.
- Public Sector Equality Duty: Strengthened guidance on how public bodies must consider equality when making decisions, including procurement and policy-making.
How Does the Code Apply?
The Code of Practice applies across England, Scotland, and Wales. It is not legally binding in itself, but courts and tribunals must take it into account when interpreting the Equality Act. Employers and service providers are strongly advised to follow the code to avoid legal claims. The EHRC can also use the code as evidence in enforcement actions.
The code is particularly relevant for:
- Employers: They must ensure that their policies and practices do not discriminate, and that they make reasonable adjustments for disabled employees. The code provides practical steps for handling grievances, conducting risk assessments, and training staff.
- Service Providers: Businesses, charities, and public services must not discriminate in the provision of goods, facilities, or services. The code gives examples of how to make services accessible, such as providing information in alternative formats or adjusting policies for people with disabilities.
- Education Providers: Schools, colleges, and universities must comply with the code in relation to admissions, exclusions, and the treatment of students. The code emphasises the need to prevent harassment and promote equality.
What Hasn't Changed?
While the code has been updated, the underlying legal principles remain the same. The Equality Act 2010 still protects the same characteristics, and the key duties—such as the duty to make reasonable adjustments and the public sector equality duty—are unchanged. However, the new code reflects recent court decisions and societal shifts, such as the increased awareness of gender reassignment issues and the impact of social media on harassment.
Reaction to the Code
Equality campaigners have broadly welcomed the update, noting that it provides much-needed clarity. However, some business groups have expressed concerns about the potential for increased litigation, particularly around third-party harassment. The EHRC has emphasised that the code is intended to help organisations comply with the law, not to burden them.
The code is available on the EHRC website and is accompanied by a non-statutory guide for small businesses and individuals. The EHRC is also running a series of webinars to explain the key changes.
