In April 2025, the Supreme Court ruled on the legal definition of sex in the Equality Act 2010. Following this, the Equality and Human Rights Commission (EHRC) provided their updated Code of Practice for service providers, public functions and associations in May 2026 which comes into effect today (5 August 2026).

Despite the updated Code coming into effect, governments in relevant parts of the UK still have not released sector-specific guidance for health and care services. The RCN has previously said it is essential that central guidance is published without delay, and that guidance must be unequivocal in setting out how health and care services should apply the updated EHRC code to maintain the safety and dignity of all patients.

RCN Chief Nursing Officer, Professor Lynn Woolsey said: 

“Without guidance, there remain many unanswered questions for nursing staff providing patient care in our health services. We are calling urgently for sector-specific guidance in all relevant parts of the UK, and we are raising these concerns directly with the Minister for Women and Equalities. Those on the frontline delivering care need clarity to ensure safety and dignity for patients.

“It is also essential the Nursing and Midwifery Council provides clarity to registrants in this area so that nursing staff are able to continue to deliver safe and compassionate care to all."

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Notes to editors

The RCN published a statement when the updated EHRC Code of Practice was released in May 2026.

The remit of the EHRC covers England, Scotland and Wales only. In Northern Ireland, the Equality Commission for Northern Ireland is currently considering the implications of the UK Supreme Court judgment in relation to its remit.