Charities urged to prepare for compliance with the EHRC code of practice

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With the updated EHRC Code of Practice for Services, Public Functions and Associations coming into force on 5 August 2026, charities are being urged to get ahead of compliance work now. The Charity Commission has been clear that trustees should not wait for autumn guidance before reviewing policies and practices.

The update reflects the 2025 Supreme Court ruling confirming that “sex” under the Equality Act means biological sex. This clarification affects how charities design services, apply single‑sex provisions, and make decisions under Equality Act exemptions.

What the Regulators Are Saying

The Charity Commission has warned that trustees must take “reasonable steps” now to prepare. Civil Society’s reporting reinforces this message: charities should begin reviewing policies, risk registers, and service models immediately, rather than delaying until sector‑specific guidance is published later in the year.

What Charities Should Prioritise

• Review service access and eligibility policies to ensure they align with the biological‑sex definition
• Check any single‑sex or separate‑sex service decisions and document the justification clearly.
• Update governance documents where objects or membership rules rely on protected characteristics.
• Prepare staff and volunteer briefings so frontline teams understand what is changing.
• Review your risk register to include Equality Act compliance.
• Seek legal advice for complex or sensitive service areas.

Understanding the Charity Exemption

If your charity restricts services or membership to people with a particular protected characteristic, the charity exemption may apply, but it must be used correctly and in line with your charitable purpose.A clear explanation is available here:

Charity Exemption Guidance
https://www.e-portal-essex.co.uk/governance/registering-charity

This is particularly useful for trustees reviewing constitutions or beneficiary criteria.

Remember to chat with the E-portal Chatbot on any of these areas for trusted guidance.