Updates coming to guidance on single sex spaces
NHS England Updates Guidance Following Revised EHRC Services Code
The revised Equality and Human Rights Commission (EHRC) draft Code of Practice for services, public functions and associations (Services Code) was laid before Parliament on 21 May.
The draft Code is intended to provide clearer guidance for service providers following the recent Supreme Court judgment. The ruling confirmed that, for the purposes of the Equality Act 2010, sex refers to biological sex. It also reaffirmed that transgender people remain protected under the Act through the protected characteristic of gender reassignment.
The Services Code will be considered for 40 days and, subject to that process, will come into force. Employers will then be expected to implement the guidance in practice.
NHS England is updating its “Delivering Same Sex Accommodation” guidance, which will be renamed “Privacy, Dignity and Safety in Hospital Accommodation”, to ensure alignment with the revised Code.
In addition, NHS England is developing guidance for employers on physical NHS staff facilities. The guidance is expected to emphasise the importance of sufficient and appropriate facilities that protect the privacy, dignity and safety of all staff, ensuring that everyone has access to suitable facilities.
The guidance will also direct employers to relevant legislation, recommended actions and existing guidance. This includes the need for robust facilities audits, engagement with staff networks and trade unions, and Equality Impact Assessments to support local decision-making.
Regular review points will be encouraged as part of good practice, including consideration of any future updates such as a revised EHRC Employment Code.
NHS trusts will remain responsible for creating, reviewing and updating their own policies. They must also assess local circumstances and provide evidence for their decisions, ensuring that any measures taken are a proportionate means of achieving legal compliance.
Contact. Staff Experience
Theme. Staff experience, culture and change
Keywords. Equality, diversity and inclusion
Publisher. NHS Employers
For more information, access the GOV.uk website.
