TL;DR - Last reviewed 17 June 2026
The EHRC has issued updated statutory guidance that clarifies employer obligations under the Equality Act 2010. The guidance addresses protected characteristics, reasonable adjustments and harassment in the workplace. Employers who do not comply risk employment tribunal claims and enforcement action by the EHRC.
KEY FACTS
- The EHRC is the statutory body responsible for enforcing the Equality Act 2010 across Great Britain.
- EHRC statutory codes of practice are admissible as evidence in employment tribunal proceedings.
- Employers have a duty to make reasonable adjustments for disabled workers under the Equality Act.
- The EHRC can conduct formal investigations and issue binding compliance notices to employers.
- Workers who believe they have been discriminated against can bring claims to an employment tribunal within three months of the act complained of.
What Is the EHRC and What Does Its Guidance Cover?
The Equality and Human Rights Commission (EHRC) is the statutory regulator for equality and human rights law in England, Scotland and Wales. It operates under the Equality Act 2006 and is responsible for enforcing the Equality Act 2010.
EHRC guidance covers how employers, service providers, public bodies and individuals must act in relation to the nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
Why Has the EHRC Updated Its Guidance?
The EHRC periodically reviews and updates its codes of practice and technical guidance to reflect case law developments, legislative changes and emerging areas of concern. Updated guidance carries significant legal weight: employment tribunals and courts are required to take EHRC statutory codes into account when determining cases. This means employers who are not following the latest guidance are at greater risk in tribunal proceedings.
Key Areas Covered by Current EHRC Guidance
The current EHRC guidance framework covers several areas directly relevant to employment. The Employment Statutory Code of Practice sets out how the Equality Act applies to recruitment, pay, promotion, redundancy and dismissal. It includes detailed provisions on what counts as direct discrimination, indirect discrimination, harassment and victimisation.
The reasonable adjustments duty requires employers to take positive steps to remove disadvantages faced by disabled workers. The EHRC guidance is explicit that this duty is anticipatory: employers must think ahead about what adjustments disabled workers may need rather than waiting for a specific request.
On workplace harassment, the EHRC has emphasised that the Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a new preventative duty requiring employers to take reasonable steps to prevent sexual harassment in the workplace. This duty has been in force since October 2024.
Enforcement and Tribunal Risk
The EHRC has powers to conduct formal investigations into organisations it believes are breaching equality law, to enter into legally binding agreements with employers committing them to specific actions, and to bring judicial review proceedings against public bodies. For most private employers the more immediate risk is employment tribunal claims brought by individual workers.
Employment tribunal claims for discrimination are subject to a three-month limitation period running from the act complained of, with some exceptions for continuing conduct. Awards are uncapped for discrimination claims, unlike unfair dismissal awards which are subject to a statutory cap.
What Employers Should Do Now
Employers should review their equality and diversity policies against the current EHRC guidance, ensure line managers have received training on the protected characteristics and the reasonable adjustments duty, review their sexual harassment prevention measures in light of the Worker Protection Act 2023 duty, and document the steps taken. Documentation is important: if a tribunal claim is brought, evidence of proactive compliance steps is relevant to the level of any award.
Frequently Asked Questions
Is EHRC guidance legally binding on employers?
EHRC statutory codes of practice are not directly binding in the way legislation is, but they are admissible in tribunal proceedings and tribunals are required to take them into account. Departing from the guidance without good reason increases tribunal risk significantly.
Can the EHRC take action against a private employer?
Yes. The EHRC can conduct investigations, issue unlawful act notices and seek court injunctions against any employer, public or private, that it believes is breaching the Equality Act 2010.
Where can employers access the current EHRC guidance?
All current codes of practice and technical guidance are available free of charge on the EHRC website at equalityhumanrights.com. The Employment Statutory Code of Practice is the primary reference document for employer obligations.
Related Guides
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Employment law is complex and fact-specific. Employers and workers should seek independent legal advice from a qualified employment solicitor for advice on their specific circumstances. The EHRC website (equalityhumanrights.com) is the authoritative source for current guidance.
Sources
- Equality and Human Rights Commission - Employment Statutory Code of Practice (equalityhumanrights.com)
- Equality Act 2010 (legislation.gov.uk)
- Worker Protection (Amendment of Equality Act 2010) Act 2023 (legislation.gov.uk)
- Equality Act 2006 - EHRC powers and remit (legislation.gov.uk)
- HM Courts and Tribunals Service - Employment tribunal claims guidance (gov.uk)
