Equality Act and EHRC Code of Practice: an update for students

On 5 August 2026, an updated statutory Equality and Human Rights Commission (EHRC) Code of Practice for Services, Public Functions and Associations came into force. It provides guidance on how parts of the Equality Act 2010 should be understood and applied and reflects the UK Supreme Court judgment in For Women Scotland Ltd v The Scottish Ministers in April 2025. The Code does not create new law or new legal obligations.

It is helpful to distinguish between the law, the judgment and the Code:

• The Supreme Court judgment clarified how the terms ‘sex’, ‘woman’ and ‘man’ are interpreted for the purposes of the Equality Act 2010.
• The Equality Act 2010 continues to protect people from unlawful discrimination, harassment and victimisation, including protections relating to sex and gender reassignment.
• The EHRC Code of Practice provides statutory guidance to help organisations understand and apply the Equality Act. It does not create new law or remove existing legal protections.

The updated Code provides guidance on single-sex and separate-sex facilities. It also recognises that mixed-sex and individual facilities may be appropriate, depending on the circumstances. Decisions about facilities need to take account of the needs, dignity, privacy and rights of everyone affected.

Trans people continue to be protected from unlawful discrimination and harassment under the Equality Act.

At NTU, we will consider carefully what the Code means for our facilities, with dignity, privacy, inclusion, safety and wellbeing central to our approach.

Across our campuses, we provide single-sex facilities alongside inclusive, single-occupancy, non-gendered toilets and changing facilities:

• City Campus
• Clifton Campus
• Brackenhurst Campus
• NTU Mansfield
• NTU London

We do not support anyone questioning or challenging another person's use of toilets or changing facilities. If you have a concern about the provision or use of facilities, please do not challenge another student or colleague. Instead, raise your concern through the Student Support Help Desk in the Newton building, on level 0 at our City Campus, so that it can be considered appropriately and sensitively. You can also contact the Student Support Enquiry team, or raise your question or concern via EHRC Support.

If you experience or witness harassment, bullying, discrimination or a hate incident, you can use NTU's Report + Support service, either to report with your contact details or anonymously.

Our commitment to creating a safe, inclusive and respectful environment for our whole community remains unchanged.

NTU will continue to:

• protect students and staff from discrimination, harassment, victimisation and other unlawful treatment;
• consider the impact of any changes carefully, informed by evidence, Equality Impact Assessment and consultation;
• support respectful discussion and lawful freedom of expression;
• meet our legal responsibilities;
• listen to different experiences and perspectives and communicate openly with our community; and
• provide clear ways for students and staff to raise concerns and access support.

We ask everyone in our community to approach discussions about these issues with respect and consideration for others, including where people hold different views.

We recognise that these developments may affect people in different ways. For some students, questions around sex, gender and identity may feel particularly personal. Others may have questions or concerns about privacy, dignity or access to single-sex facilities.

We want everyone at NTU to feel supported and treated with dignity, respect and compassion. Support is available whatever your perspective or personal circumstances.

• NTU and NTSU have worked together to launch safe and secure places on our City, Clifton and Brackenhurst campuses. The spaces are all staffed by NTU Security and Wardens. Each evening the safe place is open to any NTU student who needs support, help, or just a little time out.
• NTSU is a safe and inclusive space, open between the hours of 8 am and 6 pm in the week, and 10 am until 6 pm on weekends. The NTSU advice service is open 9 am until 4 pm on weekdays.
• You can find out more about NTU’s support options.
• If you experience or witness harassment, bullying, discrimination or a hate incident, you can use NTU's Report + Support service, either to report with your contact details or anonymously.
• If you have any questions or concerns or would like to discuss the NTU’s approach to the EHRC Code, please contact EHRC Support.
• If you have an immediate safety concern on campus, contact NTU Security on 0115 848 2222.
• For general questions about NTU's approach to equality, diversity and inclusion, please contact the EDI team.