What does the updated EHRC Code of Practice mean for Workplace and Facilities Management? 

News

The Equality and Human Rights Commission’s updated Code of Practice provides guidance, which now carries the force of law, about how to apply the various provisions of the Equality Act. The guidance covers all nine of the protected characteristics under the Act – including race, disability and sexual orientation – and in particular it sets out how service providers should address April 2025’s landmark supreme court ruling that sex, as defined in the Equality Act, refers only to biological sex. 

What this means for workplaces and facilities management? 

The EHRC’s updated Code of Practice, if implemented in its current form, will heavily impact public sector estates in particular. IWFM is collaborating closely with colleagues in our EDI Sub-Committee and in LGBT+ in FM to ensure our formal response is both compliant and deeply respectful of trans and LGBT+ individuals. From an estate management perspective, the profession needs to be vocal: these proposed changes present significant and unworkable building and people management challenges. 

Prior to the formal adoption of this guidance, last year we shared our initial response to the proposals and, now that this is set to become law, our policy position remains unchanged and continues to align with the Sport England approach – the installation of completely enclosed, self-contained toilet facilities as a practical, dignified solution for everyone who uses them. 

We recommend that all IWFM members familiarise themselves with both the EHRC Code and with Sport England’s guidance as you consider your toilet and washroom provision.