This took effect as a statutory Code of Practice on 5th August 2026.
The new Code
The Equality and Human Rights Commission (EHRC) has now issued its revised Services, public functions and associations: Statutory Code of Practice (EHRC website), and this is now in force. The Code is also on gov.uk, including as a pdf.
The revised Code was delayed due to the Supreme Court decision in For Women Scotland last year, on the interpretation of the Equality Act 2010 (EqA) in relation to trans and non-binary people. However, the revised Code applies to provision of services and public functions generally, including as regards disability.
‘Statutory’ Codes of Practice under the EqA, such as this Services Code, are not binding on the courts. Courts should take the Code into account as regards how the EqA ought to be applied, but the courts sometimes decide that the Code has got the law wrong: Legal effect of statutory guidance and codes.
I will be updating the relevant parts of this website for the revised Code. I’ve added it to Guidance and Codes of Practice: Equality Act 2010.
This Code does not address employment discrimination. The EHRC will hopefully produce a consultation draft of a revised Employment Code of Practice, in the not too distant future.
Having been laid before Parliament as a draft for the requisite 40 days, the new Services Code was legally brought into effect (as something the courts should take into account, see above) on 5th August 2026: SI 2026 788.
Examples relating to stammering?
So far, the only example I’ve noticed in the Code specifically related to stammering or similar as at para 6.16:
Example
6.16 A disabled person has a condition that impacts their speech and language. They apply to a golf club for membership. As part of the application process, they must provide two references. The golf club is not satisfied with one of the references because it is very short and does not answer all their questions. The golf club is also concerned about whether the applicant will ‘fit in’ with their members because of their speech and language difficulties.The golf club decides to turn down the application. This could be discrimination arising from disability. The person’s speech and language difficulties are ‘something’ arising in consequence of their disability. They are not the sole reason for the golf club deciding to turn down their application for membership, but they are a significant cause.
This example relates to discrimination arising from disability under s.15 EqA. That section can apply if there is unfavourable treatment because of something arising in consequence of the disability. The example illustrates the point that the ‘something’ (here speech and language difficulties) need not be the sole reason for the unfavourable treatment. The lack of information in one of the references was another reason. But the Code says – in accordance with case law – that the ‘something’ arising in consequence of the disability must be a significant, or at least more than trivial, reason. See Discrimination arising from disability>‘Because of…’: Need not be the only reason for the unfavourable treatment.
The golf club would have a defence under s.15 if it showed sufficient justification. However, it seems unlikely that the golf club could show justification on these facts.
Another example relates to a mental health problem, but could clearly also be relevant to stammering:
Example
11.45 A man applying for social security benefits has mental health problems which mean he has difficulty concentrating and answering questions during a lengthy interview. He asks for additional time for the interview, including a short break, but that adjustment is not made. As a result, he finds the interview process very stressful. It is likely that the way the interview was conducted, as part of the process of acquiring the benefit, would amount to a substantial disadvantage. The fact that his benefit application is ultimately successful does not affect his claim that he was subjected to a detriment during the application process.If his application was unsuccessful, he could also bring a claim on the grounds that he was subject to a disadvantage regarding the outcome of his application.
Services Code of Practice 2026. Emphasis by me.
