Preparing for changes to the EHRC Code of Practice: What charities need to do now

The Charity Commission has recently (21 July 2026) provided an interim update on provisions of The Equality and Human Rights Commission (EHRC) Code of Practice, on how to comply with the Equality Act 2010, which comes into effect from 5 August 2026.

This clarification follows the Supreme Court’s For Women Scotland judgement, which confirmed that ‘sex’ and ‘women’ under the Equality Act refer to biological sex.

Charities are now being encouraged to take steps to ensure they comply with both the Code and the law. This might also include the need to seek further legal advice depending on the nature of their work.

The Charity Commission is expected to publish more detailed guidance later in the autumn. It has however stressed that this “won’t alter the legal principle set out by the April 2025 Supreme Court Judgement.”

The Charity Commission has also stated that “charities do not need to wait until their guidance to comply with the Act and the Code” as it is legally enforceable and unreasonable delays in taking steps towards compliance may be considered a breach of those responsibilities. 

Lucy Hammond, Partner at Kreston Reeves comments: “This is something that the trustees of all charities should review now and if in doubt seek legal clarification. Many have been waiting for more detailed guidance from The Charity Commission, but their message is very clear – don’t delay. Trustees should start with reviewing key policies such as their equality, inclusion, membership, volunteering and service delivery policies to determine if all now comply. This may include carrying out new risk assessments and reviewing all of their current arrangements. Some charities might find this challenging at a time when staff and volunteers might be taking time off for the summer break, but it really does need to be prioritised.” 

Our charity specialists can help trustees understand the practical implications of the updated EHRC Code of Practice, and review governance and policies to help ensure your charity remains compliant. Get in touch with our team to discuss your organisation’s requirements.