The RCN is calling on governments to urgently publish health and care guidance on the Equality and Human Rights Commission (EHRC) revised Code of Practice, which comes into effect today.

We believe it’s essential that central guidance is published without delay, and that it 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.

The updated code follows the Supreme Court’s April 2025 ruling on the legal definition of sex in the Equality Act 2010. In May 2026, the EHRC published revised guidance for service providers, public functions and associations reflecting that judgment.

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.

Professor Lynn Woolsey, RCN Chief Nursing Officer, said: “Without guidance, there remain many unanswered questions for nursing staff providing patient care in our health services.

“We’re calling urgently for sector-specific guidance in all relevant parts of the UK, and we’re 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’s 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."

We previously responded to the EHRC’s updated code when it was published in May 2026.

We appreciate members may be unsure about what this means for them, and we encourage any members experiencing issues at work to contact us for further help and support.