Equality and Human Rights Commission

Update: Equality Act 2010 Codes of Practice

The former equality commissions had power to issue Codes of Practice containing practical guidance on matters such as promoting equality of opportunity and eliminating discrimination in their relevant fields. Where Codes of Practice have been issued under appropriate sections of the anti-discrimination statutes, they are admissible in evidence, and, if any provision of such a Code appears to a tribunal or court to be relevant to any question arising in the proceedings, it has to be taken into account.

Are the Codes of Practice issued by the DRC, CRE and EOC now obsolete?

No they are not obsolete. Section 42 (3)(a) of the Equality Act 2006 provides that a code of practice issued by any of the legacy commissions continues to have effect until revoked by the Secretary of State at the request of the Equality and Human Rights Commission. None has been revoked since 1st October 2007 to date.

Can the Equality and Human Rights Commission revise existing Codes?

Yes we can. Section 42 (3)(b) of the Equality Act 2006 allows the Commission to revise a code issued by a legacy commission.

Can the Equality and Human Rights Commission issue new Codes?

Yes we can. Section 14 of the Equality Act allows the Commission to issue Codes of Practice to 'ensure or facilitate compliance' with specified parts of the anti-discrimination legislation covering sex, race, disability, sexual orientation, age and religion or belief. The Commission may also issue a Code of Practice on specified provisions of landlord and tenant and housing legislation.

Equality Act 2010

The process of drafting new Codes of Practice for the Equality Act 2010 has started but they are not yet in force. Some of the codes have been laid before Parliament, and some are available for consultation. Find out about the Equality Act Codes of Practice.

Which Codes of Practice are currently in force?

Currently the following Codes of Practice are in force:

Gender

• Code of Practice - Sex Discrimination (WORD)
• Code of Practice on Equal Pay (PDF)
• Gender Equality Duty - Code of Practice for England and Wales (PDF)
• Gender Equality Duty- Code of Practice for Scotland (PDF)

Race

• Statutory Code of Practice on racial equality in employment (PDF)
• Statutory Code of Practice on the Duty to Promote Race Equality (PDF)
• Statutory Code of Practice on the Duty to Promote Race Equality in Scotland (PDF)
• Statutory Code of Practice on Racial Equality in Housing: Scotland (PDF)
• Statutory Code of Practice on Racial Equality in Housing: England (PDF)
• Statutory Code of Practice on Racial Equality in Housing: Wales (PDF)
• Code of Practice: elimination of racial discrimination in education(Out of print - contact copyright libraries for a copy)
• Code of Practice Scotland: elimination of racial discrimination in education (Out of print - contact copyright libraries for a copy)

Disability

• The Duty to Promote Disability Equality: Statutory Code of Practice: England and Wales (PDF)
• The Duty to Promote Disability Equality: Statutory Code of Practice: Scotland (PDF)
• Code of Practice: Employment and Occupation (PDF)
• Revised Code of Practice: Trade Organisations, Qualifications Bodies and General Qualifications Bodies (PDF)
  
• Code of Practice for Schools (PDF)
• Code of Practice (revised) for providers of post-16 education and related services (PDF)
• Code of Practice: Rights of Access: services to the public, public authority functions, private clubs and premises (PDF)
• Provision and use of transport vehicles: Statutory Code of Practice, Supplement to Part 3 Code of Practice (PDF)
• Guidance on matters to be taken into account in determining questions relating to the definition of disability (PDF)

Age, Religion or Belief, Sexual orientation

There are no statutory Codes in force covering sexual orientation, religion or belief, or age discrimination. ACAS have produced guidance documents on these topics that are available for download within Guidance for advisers.