EHRC Statutory Code of Practice – write to your MPs and MSPs

The new EHRC Code of Practice was placed before the UK Parliament by the Minister for Women and Equalities on the 21st May 2026.

It automatically comes into force after 40 days unless a specific motion to reject it is raised and passed by either House.

Please write to your MP telling them why you believe they should object to the new code.

You can use: https://www.writetothem.com/

You can make the following points and please personalise:

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The new code disadvantages trans people despite the Supreme Court insisting that their April 2025 ruling should not do so.

Evidence from criminological and human rights research shows that transgender women do not pose a heightened risk to women’s safety. Instead, data indicates that trans women are overwhelmingly more likely to be the victims of violence and discrimination than the perpetrators of it.

Many feminists are already describing the new code as one that targets trans people and is failing women. Why is this?

It is a known fact that women face an epidemic of violence in the UK, but despite clear and consistent data pointing to the source of this epidemic, men who abuse their power, something has been lost in translation.

As the campaign group ‘Not In Our Name Women’ puts it:

“These changes have been presented as necessary for women’s safety. Yet they do nothing to address the actual violence and inequality women face every day.”

“Instead of genuinely addressing the known sources of harm to women – the media, certain politicians and even the EHRC have directed their focus towards the trans+ community instead, a tiny, marginalised group who are being used as an easy target and an effective distraction.”

These are the voices of over 100,000 women and they should be listened to.

But as well as pointing at the wrong target there are also the social risks to women from the code itself.

Cisgender women, particularly Black and Asian women, or those who do not strictly conform to traditional feminine stereotypes, are already experiencing increased hostility and harassment when attempting to use female-designated toilets.

So when an establishment may legally, according to the code, challenge you based on “physique or physical appearance” the situation is only going to get worse.

Excluding trans people will not make women safer. Now, more than ever, we need the media and politicians to report truthfully about the sources of violence and oppression that affect women, both cis and trans, and meaningfully address these longstanding issues by bringing affected communities together, not scapegoating a vulnerable minority.

For more information please attend the Not in Our Name briefing to be hosted by Kate Osborne MP.

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Please write to your MSPs telling them why you believe they should speak out against the new code.

The same reasons still apply, but at the end simply ask them, should the new code become law, how the Scottish Government will respond.

You may also wish to point out to them that:

The Scottish Government can legally challenge the Equality and Human Rights Commission (EHRC), primarily through the process of judicial review in the courts.

Before enacting new policies or revising existing practices, the Scottish Government uses EHRC guidance to conduct Equality and Fairer Scotland Impact Assessments. These assessments require policymakers to:

• Gather Evidence: Collect data on how proposed policies might differentially impact individuals with protected characteristics (e.g., race, disability, age, sex)

• Consult Communities: Engage directly with affected groups to inform the policy’s design.

• Publish Findings: Ensure transparent reporting on how the policy aims to eliminate discrimination and advance equality.

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Credits

Much of the above is based on the work done by:

Not In Our Name Women:

Targeting trans people, failing women – the EHRC update

NION Women Head to Parliament

The Guardian:

Gender non-conforming women tell of toilet abuse after UK’s supreme court ruling

Tony Buckle:

EHRC Statutory Code of Practice Overview