New Services Code of Practice
A draft revised Services, public functions and associations: Statutory Code of Practice (gov.uk) was laid before Parliament in May 2026, and is likely to take effect very soon: Draft services Code of Practice laid in Parliament (equalityhumanrights.com), 21 May 2026. I’ve added the draft to Guidance and Codes of Practice: Equality Act 2010.
The Code was delayed due to a Supreme Court judgment last year on the interpretation of the Equality Act (EqA) in relation to trans people and single-sex spaces. However, when in force, the revised Code will apply to provision of services (and public functions) generally, including as regards disability.
‘Statutory’ Codes of Practice under the EqA, such as the 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 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 Services Code of Practice.
This revised Code does not address employment discrimination. The Equality and Human Rights Commission will hopefully produce a revised Employment Code of Practice, in the not too distant future.
Truman v SPL Powerlines UK
Added new EAT decision: Truman v SPL Powerlines UK. The claimant applied for a safety-critical job in the rail industry. He needed a Sentinel card from Network Rail for this, which included taking a drug and alcohol test. He was taking medical cannabis for an incurable medical condition. The company which tested him uploaded a ‘fail’ to the Network Rail website, but the employment tribunal found that under Network Rail’s Policy on medications, this should have been changed to a ‘pass’. The EAT held that Network Rail (as a ‘qualifications body’) might potentially be liable for failure to make reasonable adjustments, but the testing company was not liable under s.111(2) EqA for ‘causing’ any discrimination by Network Rail.
This case considered what is a ‘competence standard’, which is relevant to how the EqA applies to professional and university exams. It also considered when one body can be liable for ‘causing’ discrimination by another. However, I haven’t yet updated the rest of the website for this case.
In addition, added that case to Instructing or causing discrimination, or helping it, including …>S.111(7): Interaction with s.112 on ‘helping’ discrimination. Also added a new section to that page on what is a ‘basic contravention’ within s.111.
Call to reform the system for resolving employment disputes
The Employment Lawyers Association is calling for reforms, partly to deal with the tribunal backlog. Some cases now face a five year wait to heard. See Enforcement of Equality Act: other proposals>Employment Lawyers Association, 2026.
- Previous updates Website updates March to April 2026.
Technical guidance for schools
The Equality and Human Rights Commission published consultation drafts of technical guidance for schools in England, Scotland and Wales in June 2026: Technical guidance for schools consultation (equalityhumanrights.com).
No disability discrimination claim by former member of armed forces
L & Dunn v Ministry of Defence: no disability discrimination claim by former member of armed forces updated for Court of Appeal decision refusing permission to appeal.
Examples of jobs
Added or amended on Examples of jobs done by people who stammer/ stutter:
- Scatman John (1942-1999):
- Sharing Scatman John’s story with the world (stamma.org), 2026, by Gina Waggot on her new biography
- Video of song ‘Scatman (Ski-Ba-Bop-Ba-Dop-Bop)’ (YouTube): ‘If the Scatman can do it, so can you.’
- Previous updates Website updates March to April 2026.
