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Supporting Colleagues Through the EHRC Code of Practice: Practical Guidance for UK Organisations

Internal Guidance for HR, DEI Teams, Network Leaders and People Managers

Purpose

The implementation of the revised Equality and Human Rights Commission (EHRC) Code of Practice has prompted understandable questions and concerns across many organisations. While the legal changes are limited in scope, the wider conversation has created uncertainty for many employees, particularly transgender, non-binary and intersex colleagues.

This guidance sets out practical steps organisations can take to support their people, maintain an inclusive culture and ensure compliance with the Equality Act 2010.

1. Understand What Has Changed – and What Hasn’t

The revised EHRC Code of Practice provides updated statutory guidance on how the Equality Act 2010 should be interpreted in relation to services, public functions and associations. It does not amend the Equality Act itself or remove existing protections.

Employees may be concerned not only about legal implications but also about how the public debate could influence workplace culture and behaviour. Organisations should acknowledge these concerns openly rather than assuming the legal position alone will provide reassurance.

2. Communicate Early, Clearly and Calmly

Periods of legal or political change can lead to misinformation and speculation. Clear internal communication is one of the most effective ways to reduce uncertainty.

Communications should:

• explain what the Code does and does not change;
• reaffirm the organisation’s commitment to inclusion and respect;
• remind colleagues that bullying, harassment and discrimination remain unacceptable;
• clarify where employees can find accurate information and support; and
• encourage respectful discussion while recognising that colleagues may hold different views.

The tone should be factual, balanced and reassuring rather than reactive.

3. Recognise That Different Colleagues Will Need Different Support

Some colleagues may be directly affected by the practical implications of the Code, while others may simply be confused or anxious about the wider conversation.

Support should be tailored accordingly.

For transgender, non-binary and intersex colleagues:

• provide opportunities to ask questions in psychologically safe environments;
• ensure Employee Assistance Programmes and wellbeing services are visible;
• remind colleagues of existing workplace support and transition guidance where applicable; and
• ensure line managers understand how to provide appropriate support.

For allies and the wider workforce:

• create opportunities to ask questions without judgement;
• provide factual information to counter misinformation;
• encourage respectful dialogue grounded in the organisation’s values; and
• reinforce expectations around workplace behaviour.

Providing separate spaces for different audiences can encourage more open and constructive conversations.

4. Support Network Leaders

Employee network leaders are often among the first people colleagues turn to during periods of uncertainty. They may also be balancing these responsibilities alongside their substantive roles.

Organisations should:

• recognise the additional emotional labour involved;
• provide regular access to HR and Inclusion teams;
• ensure network leaders have clear escalation routes;
• avoid placing responsibility for legal interpretation solely on employee volunteers; and
• provide sufficient time and resources for network leadership responsibilities.

Network leaders should be partners in communication and engagement, not expected to manage organisational risk alone.

5. Prepare Managers

Managers are likely to receive questions from employees before HR or Legal teams.

Provide managers with:

• a simple briefing explaining the current legal position;
• frequently asked questions;
• guidance on responding to sensitive conversations;
• escalation routes for complex situations; and
• confidence to say, “I don’t know yet, but I’ll find out.”

Consistency across managers helps build trust and reduces misinformation.

6. Review Policies and Facilities

Organisations should ensure policies remain legally compliant while recognising that implementation will vary depending on operational circumstances.

This may include reviewing:

• single-sex facilities;
• changing areas;
• customer-facing services where applicable;
• workplace guidance;
• dignity and respect policies;
• anti-harassment procedures; and
• Equality Impact Assessments where changes are proposed.

Where facilities have already been audited, organisations should communicate the outcomes where appropriate. Demonstrating that existing arrangements already meet legal requirements can help reduce unnecessary anxiety.

7. Listen Before Problems Escalate

Periods of uncertainty can affect employee wellbeing even where organisational policies remain unchanged.

Consider:

• regular listening sessions;
• confidential drop-in events;
• network-led discussions;
• pulse surveys;
• monitoring employee relations data; and
• reviewing trends in grievances, bullying or harassment reports.

Listening provides valuable insight into emerging concerns before they become larger issues.

8. Reinforce Organisational Values

The implementation of the Code should not change expectations around workplace behaviour.

Organisations should continue to expect colleagues to:

• treat one another with dignity and respect;
• avoid bullying, harassment or victimisation;
• engage in respectful discussion where views differ;
• challenge inappropriate behaviour appropriately; and
• contribute to an inclusive working environment for everyone.

The Equality Act protects multiple characteristics, and organisations should continue seeking balanced, proportionate solutions where rights intersect.

9. Take a Long-Term View

While attention is currently focused on the implementation of the revised Code, inclusion is built through consistent leadership rather than one-off communications.

Organisations should continue investing in:

• inclusive leadership development;
• allyship programmes;
• employee networks;
• manager capability;
• psychological safety;
• evidence-based policy development; and
• regular engagement with colleagues from all protected characteristics.

A calm, thoughtful and transparent approach is more likely to strengthen trust than reacting solely to external events.

Key Messages

• The Equality Act 2010 has not changed.
• The revised EHRC Code provides updated statutory guidance rather than new legislation.
• Employees may be affected by the wider cultural conversation as much as the legal changes.
• Clear communication, visible leadership and opportunities to listen are essential.
• Organisations should continue balancing the rights of all protected characteristics under the Equality Act.
• Supporting colleagues with empathy, respect and factual information will help maintain an inclusive workplace during a period of change.

Useful Resources

Legislation

Equality Act 2010 – https://www.legislation.gov.uk/ukpga/2010/15/contents

Government

Equality Act Code of Practice (2026) – https://www.gov.uk/government/publications/equality-act-2010-code-of-practice-for-services-public-functions-and-associations-2026

Equality and Human Rights Commission

https://www.equalityhumanrights.com

Supreme Court Judgment

For Women Scotland Ltd v The Scottish Ministers – https://www.supremecourt.uk/cases/uksc-2024-0042.html

This guidance is intended to support organisations in responding thoughtfully and proportionately to the implementation of the revised EHRC Code of Practice. It does not constitute legal advice. Organisations should seek independent legal advice where complex issues involving competing protected characteristics arise.

Disclaimer: This guidance is provided for general information purposes only and does not constitute legal advice. While every effort has been made to ensure the information is accurate at the time of publication, organisations should refer to the latest official Government and Equality and Human Rights Commission (EHRC) guidance and seek independent legal advice where appropriate. SPM Group accepts no liability for any decisions or actions taken based on this guidance.