House of Lords debates EHRC’s interim update on practical consequences of For Women Scotland Supreme Court decision

On 1 May 2025, the House of Lords debated the Equality and Human Rights Commission’s interim update on the practical consequences of the Supreme Court’s decision in For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16.

The debate provides clarity on several issues but was in the context of service provision, with no reference to employment implications.

• Government consultation. The government did not receive advance sight or notice of the interim update. The government expects the EHRC to consult widely, listening to diverse voices, before it publishes its updated statutory code of practice. The Government will meet with the EHRC’s chair soon to discuss its approach to developing the updated statutory code. The government will consider the updated draft code once the EHRC has submitted the draft to it. The code is expected to be submitted for ministerial approval by the end of June 2025.
• Status of interim update. The Government expects service providers to follow the clarity that it determines the Supreme Court’s decision has brought. It considers that the EHRC’s interim update provides a perspective on how the decision and Equality Act 2010 are applied in some areas. The update is considered to be a snapshot reflection, rather than full guidance. It is the updated statutory code that will have legal status.
• EHRC’s independence. Baroness Falkner, the EHRC’s chairperson, highlighted that the EHRC’s framework document provides that it does not perform its functions on behalf of Government and should operate independently. She reiterated that the EHRC must be “under as few constraints as reasonably possible in determining its activities, timetables, and priorities”. She confirmed that the EHRC will seek views from as many affected stakeholders as possible, but that it was right that the EHRC published a brief statement of the law before it consults extensively going forward.
• Independent review of transgender matters. Lord Herbert repeated his previous call for an overall independent review of transgender matters, given various piecemeal developments (for example, the Supreme Court’s decision in For Women Scotland, European Court of Human Rights’ rulings and the Cass review). No commitment to an independent review was made.

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