I can reassure businesses that the Equality and Human Rights Commission (EHRC) takes how equality law is applied in everyday situations extremely seriously (Dozens of Labour MPs warn of chaos for firms over gender recognition advice, 23 October). It’s our job to accurately explain how to implement the law in practice and we have taken every opportunity to do so since the supreme court clarified the meaning of “sex” in the Equality Act in April.
Our updated code of practice for service providers, submitted to the UK government seven weeks ago, will help balance the rights of service users and protect everyone from discrimination.
These updates haven’t been rushed. Our consultation on the updated code heard from more than 50,000 organisations and individuals, including businesses, whose views helped make the guidance as clear as possible.
The code includes practical examples, but it can’t cover every set of circumstances or the physical layout of every premises. Some businesses may require changes to policies; some may require the redesignation or reconfiguration of facilities as a proportionate solution that enables each service provider to comply with the law.
But I must also emphasise that it is the Equality Act that businesses need to implement. It is the law they must comply with. Fairness and equality benefit all of us. Implementing the law may have some unwelcome costs, but contesting litigation through tribunals and courts will have different financial and reputational costs too.
As a regulator, we do not make the law. We advise on it and uphold it.
Kishwer Falkner
Chair, Equality and Human Rights Commission
