The new Equality and Human Rights Commission (EHRC) Code of Practice came into force on 5 August 2026 following the UK Supreme Court judgment in For Women Scotland Ltd v Scottish Ministers. The Supreme Court ruled that, for the purposes of the Equality Act 2010, references to "sex" mean biological sex. There is no immediate change for hospitality businesses in Northern Ireland. Northern Ireland has its own separate equality laws, meaning the new code does not automatically apply here. No updated guidance is expected in Northern Ireland during 2026, as a case is scheduled to be heard in December 2026 to consider how the Supreme Court's decision applies to Northern Ireland law.
What You Need to Know
- No immediate action is required by hospitality businesses in Northern Ireland.
- Existing Northern Ireland equality laws remain in place.
- There is currently no Northern Ireland guidance requiring businesses to change arrangements for toilets, changing rooms or other facilities.
Members should:
- Continue to comply with existing Northern Ireland equality legislation.
- Maintain current policies unless specific legal advice indicates otherwise.
- Ensure any decisions relating to customers, employees or facilities are proportionate, reasonable and legally justified.
Hospitality Ulster will continue to monitor developments and keep members informed of any changes.
In Detail
The new Equality and Human Rights Commission (EHRC) Code of Practice came into force on 5 August 2026 following the UK Supreme Court judgment in For Women Scotland Ltd v Scottish Ministers. The Supreme Court ruled that, for the purposes of the Equality Act 2010, references to "sex" mean biological sex.
The revised EHRC guidance states that where facilities are provided as single-sex spaces, such as toilets, changing rooms, hospital wards or refuges, access should generally be based on biological sex. The Code can be relied upon by courts and tribunals when considering cases under the Equality Act 2010.
Does This Apply in Northern Ireland?
No, not directly.
Northern Ireland has its own equality framework and is not covered by the Equality Act 2010. Instead, equality protections are contained within a range of separate legislative provisions, including the Sex Discrimination (Northern Ireland) Order 1976 and related regulations.
As a result, the new EHRC Code of Practice does not automatically become applicable in Northern Ireland.
What Has the Equality Commission for Northern Ireland Said?
In June 2025, the Equality Commission for Northern Ireland published a detailed legal paper examining the impact of the Supreme Court judgment on Northern Ireland law.
The Commission concluded that:
- The Supreme Court judgment is likely to be highly influential in Northern Ireland.
- However, the judgment is not automatically determinative because it interpreted legislation which does not apply here.
- Important legal questions remain unresolved regarding the interaction between Northern Ireland equality legislation and obligations arising from the Windsor Framework.
- Further legal clarification is needed before definitive guidance can be issued.
To address these issues, the ECNI has established a process that may ultimately involve seeking clarification from the High Court before issuing final Northern Ireland-specific guidance.
No updated guidance is expected in Northern Ireland during 2026, as a case is scheduled to be heard in December 2026 to consider how the Supreme Court's decision applies to Northern Ireland law.
What Does This Mean for Hospitality Businesses in Northern Ireland?
For pubs, hotels, restaurants, cafés and visitor attractions operating in Northern Ireland, the immediate position is relatively straightforward.
Members should:
- Continue to comply with existing Northern Ireland equality legislation.
- Maintain current policies unless specific legal advice indicates otherwise.
- Ensure any decisions relating to customers, employees or facilities are proportionate, reasonable and legally justified.
- Keep under review any updates issued by the Equality Commission for Northern Ireland or relevant government departments.
Members should not:
- Assume that today's changes in Great Britain automatically apply in Northern Ireland.
- Rush to introduce new policies solely because of the EHRC Code that has come into force elsewhere in the UK.
- Make significant operational changes without considering the specific Northern Ireland legal framework and obtaining advice where necessary.
Hospitality Ulster Position
Hospitality Ulster's advice to members is that the legal framework governing single-sex spaces in Northern Ireland has not changed as a result of the EHRC Code coming into force in Great Britain.
Members should continue to follow existing Northern Ireland law while monitoring developments from the Equality Commission for Northern Ireland, which is actively seeking further legal clarity before issuing definitive guidance.
Disclaimer
This guidance is intended as general information for Hospitality Ulster members and should not be regarded as legal advice. Members dealing with specific cases or complaints should seek independent legal advice.