A group of men’s charities has signed a letter to the equalities watchdog, asking it to clarify how their services should implement its new code of practice.
More than 20 leaders of not-for-profit organisations providing services to men and boys warned the Equality and Human Rights Commission (EHRC) that its guidance could lead to unfair accusations of workplace discrimination.
The EHRC’s new code, updated following last year’s Supreme Court ruling which concluded that “woman” in the Equality Act 2010 refers to “biological sex”, will come into force on 5 August.
However, the letter argues that there is a clash between sex-based rules and gender protections.
“The recently updated draft […] appears to have created contradictory obligations, operational uncertainty, and risks to service continuity for our sector,” reads the letter penned by Ally Fogg, Association for Male Health and Wellbeing chair.
In particular, the letter takes issue with guidance which states that male-only services must now be based on “biological sex”, while the act expects organisations not to treat trans or non-binary people “less favourably”.
“Our staff, volunteers and members often operate in emotionally charged environments involving trauma, crisis, or acute distress,” it reads.
“They may now be required to make rapid decisions [on complex matters].
“The risk of a procedural misstep is high and the consequences potentially severe.”
The signing charities urged the EHRC to publish clarification on how their services can describe themselves to the public, practical guidance for frontline staff and guidance for funders and commissioners, among other measures.
“We are seriously concerned that applying the new guidance could lead us into accusations of discrimination, jeopardising funding,” the letter states.
It adds that the guidance may discourage the creation of men-only services and reduce the availability of trauma-informed male spaces.
The men’s charities have requested a meeting with the EHRC to address the issues.
Last week, the Charity Commission urged registered charities in England and Wales to prepare now to comply with the updated EHRC code.
The commission has said it will publish its own sector-specific guidance in the autumn but instructed charities that this will not alter the principle “that ‘sex’ for the purpose of the Equality Act means ‘biological sex’”.
A EHRC spokesperson told Civil Society: “Our updated code of practice will help services, public functions and associations comply with the Equality Act 2010 – protecting service users from discrimination and harassment while reducing the risk of the provider being subject to litigation.
“The updated guidance was informed by two public consultations. We heard the views of over 50,000 respondents, including charities, and their feedback helped us make the code as clear and useful as possible.
“To help ensure charities are provided with accurate information about their specific obligations under the Equality Act, we have met with the Charity Commission. Last week they confirmed that they are updating their Equality Act guidance for charities and aim to publish this in autumn 2026.
“In the meantime, those with duties under the Equality Act should be following the law, seeking independent legal advice where necessary. Particularly where it intersects with other legislation, such as charity law.”
