Today, 5 August 2026, the Equality and Human Rights Commission's (EHRC) updated Equality Act 2010: Code of Practice for services, public functions and associations, 2026 comes into force. The Code explains how the Equality Act 2010 applies in practice.

The key updates to the Code reflect the Supreme Court's ruling in April 2025, that the term 'sex' in the Equality Act means 'biological sex'.

Charity trustees must consider what steps, if any, their charity needs to take to ensure compliance with the Equality Act and the updated EHRC Code. Depending on the charity's purposes and activities, trustees may need to seek professional legal advice.

OSCR particularly encourages charities with any of the following features to carefully consider the updated EHRC Code:

• restricts the benefit it provides to people who share a protected characteristic under the Equality Act (e.g. restricts the benefit by sex to men or women)
• provides services, sells goods or offers facilities (even if the charity does not charge for them)
• carries out public functions (i.e. delivers public services on behalf of a public body)
• is an association with more than 25 members