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What Voluntary and Community Organisations Need to Know About the EHRC Code of Practice in 2026

The Equality and Human Rights Commission (EHRC) has updated its Code of Practice on Services, Public Functions and Associations. Once approved by Parliament, the Code will become an important source of statutory guidance on how organisations should apply the Equality Act 2010.

While much of the recent attention has focused on single-sex services and facilities, the Code has wider implications for charities, community groups, clubs and voluntary organisations delivering activities and services to the public.

Why does it matter?

The Code does not create new law. However, courts and tribunals can take it into account when considering discrimination cases. As a result, it provides an important framework for organisations seeking to demonstrate that they are acting lawfully and fairly.

For voluntary and community organisations, the Code may be relevant if you:

• Deliver services to the public
• Run community facilities or venues
• Organise activities for children, young people or adults
• Operate as a membership organisation or association
• Recruit and manage volunteers
• Deliver contracts on behalf of public bodies

What topics does the Code cover?

The Code provides guidance on a wide range of equality issues, including:

• Disability discrimination and reasonable adjustments
• Harassment and victimisation
• Race equality
• Religion and belief
• Pregnancy and maternity
• Sexual orientation
• Age discrimination
• Single-sex services and facilities
• Membership and participation in associations

Many of these issues arise regularly within community organisations, often without formal legal advice being available.

What about the charity exemption?

The Equality Act includes some specific provisions that allow charities to restrict benefits, services or membership in certain circumstances.

For example, a charity may be able to limit services to people who share a particular protected characteristic where this is set out in its charitable purposes or where doing so is a proportionate way of addressing a particular disadvantage or need.

Examples might include:

• A charity supporting people with a specific disability
• A women’s refuge
• A charity focused on supporting older people
• A youth organisation serving a defined age group

However, these exemptions are not blanket exemptions from equality law. Charities must still consider their wider duties under the Equality Act and ensure that any restrictions can be justified within the law.

Trustees should therefore avoid assuming that charitable status alone removes the need to consider equality and discrimination issues.

Questions organisations should be asking

This may be a good opportunity to review:

• Equality and diversity policies
• Volunteer and staff training
• Accessibility and reasonable adjustment arrangements
• Venue and facility policies
• Membership criteria and eligibility rules
• Complaints and grievance procedures

Looking ahead

The updated EHRC Code is likely to become an important reference point for organisations across the voluntary sector. While most groups will not need to make significant changes, trustees and managers should ensure they understand how the guidance relates to their activities and seek advice where necessary.

Good governance is not simply about avoiding legal risk. It is about ensuring that organisations can continue to deliver services confidently, fairly and in a way that reflects both their charitable purposes and their legal responsibilities.

Read more about the Charity Exemption here
https://www.e-portal-essex.co.uk/governance/registering-charity

Read more about the EHRC code of practice here
https://www.equalityhumanrights.com/equality/equality-act-2010/codes-practice/code-practice-services-public-functions-and-0