Key Updates for Charities After 2026 Statutory Code Changes

Updated guidance on how the Equality Act 2010 applies to the VCFSE

For charities, the 2026 Statutory Code is particularly significant because it incorporates major legal developments since the Equality Act was introduced, including the Supreme Court's decision in For Women Scotland v Scottish Ministers (2025), new case law on protected beliefs, expanded guidance on harassment, and much more detailed expectations around governance, accessibility and reasonable adjustments.

The Equality Act 2010 remains unchanged, but the expectations around how charities demonstrate compliance have become significantly clearer and more demanding.

How Does the New Code Differ from the Equality Act 2010?

"Sex", "woman" and "man" mean biological sex for Equality Act purposes. A Gender Recognition Certificate does not alter a person's sex under the Equality Act. Trans people remain protected under the separate protected characteristic of gender reassignment.

For charities operating women-only or men-only services, hostels, support groups, changing facilities or membership schemes, this is likely to require a policy review.

There will be a greater emphasis on evidence-based decision making.

For charities this means objective justification, proportionality and documented decision making as well as providing evidence supporting policies and any service restrictions.

There will be an increased focus on reasonable adjustments making sure that they are ongoing, anticipated and proactive. For charities this means that they are expected to consider barriers before disabled people encounter them, instead of waiting for complaints.

There will be stronger expectations around preventing harassment.

For charities this means a requirement to take "all reasonable steps" to prevent discrimination and harassment which includes online behaviour.

So what needs to change in your policies and procedures?

Equality, Diversity and Inclusion (EDI)

Many EDI policies policies currently use terms such as "sex", "gender", "gender identity" and "gender reassignment" interchangeably. The new Code makes clear that these concepts have different legal meanings.

Updates should include:

• definitions of all protected characteristics;

• distinction between sex and gender reassignment;

• updated references to harassment and victimisation;

• explanation of reasonable adjustment duties and;

• references to lawful positive action.

Service Delivery Policies

The Code places significant emphasis on justification and proportionality. Every charity delivering services should review:

• eligibility criteria;

• access requirements;

• referral pathways;

• assessment procedures;

• waiting-list arrangements and;

• priority systems.

Single-Sex and Identity-Based Service Policies

Policies should clearly explain:

• why restrictions exist;

• which legal exception applies;

• how decisions are made and;

• how competing rights are balanced.

Safeguarding Policies

Safeguarding policies should be aligned with equality policies.

The Code encourages organisations to think carefully about:

• dignity;

• privacy;

• risk management;

• competing protected characteristics and;

• accessibility.

Complaints, Dignity and Respect Policies

Charities should update complaints procedures to:

• define harassment clearly;

• explain reporting routes;

• set expected timescales;

• identify escalation procedures and;

• protect whistleblowers and complainants.

Reasonable Adjustments Policy

Charities should move from a reactive approach to an anticipatory one.

Policies should address:

• physical accessibility;

• information formats;

• communication support;

• auxiliary aids;

• review arrangements and;

• staff responsibilities.

Volunteer and Member Conduct Policies

Volunteer handbooks and codes of conduct should therefore include:

• equality expectations;

• harassment standards;

• online behaviour requirements;

• consequences of breaches and;

• reporting mechanisms.

Policy updates alone will not be sufficient. Trustees must demonstrate active oversight.

Trustees should request a structured review of:

• The above policies in a coordinated review

• Service delivery arrangements

• Accessibility provision

• Membership arrangements

• Complaints processes

  
  

Boards should consider adding or updating risks relating to:

• Discrimination claims

• Harassment complaints

• Service exclusion challenges

• Accessibility failures

• Reputational damage arising from equality issues.

  
  

Trustees should receive regular reports on:

• Complaints

• Discrimination allegations

• Harassment incidents

• Reasonable adjustment requests

• Accessibility issues

• Training completion rates.

  
  

The Code repeatedly refers to training as part of taking "all reasonable steps" to prevent discrimination and harassment. Trustees themselves should be included.

A recurring theme throughout the Code is documentation.

Trustees should ensure that decisions involving:

• Service restrictions

• Eligibility criteria

• Single-sex provision

• Accessibility decisions

• Resource allocation

Are recorded with supporting evidence and reasoning.

If challenged, the question will not simply be whether the charity made the right decision, but whether it can demonstrate how and why the decision was reached.

Click here for the full EHRC Code of Practice Report.