EHRC Employment Statutory Code of Practice (2011)

In brief

The EHRC's statutory code of practice on employment, issued under the Equality Act 2010. Provides detailed practical guidance on how the Act applies in employment contexts, including recruitment, terms and conditions, dismissal, and harassment. Chapter 2 covers the protected characteristics including gender reassignment. Chapter 11 covers the occupational requirement exception.

Key provisions

• Chapter 2 — Protected characteristics in the employment context: Chapter 2 of the Employment Code of Practice covers the nine protected characteristics, including gender reassignment, explaining how each applies in the employment context.
• Chapter 7 — Discrimination in employment: Chapter 7 covers discrimination in employment: recruitment, terms of employment, access to opportunities, dismissal, and post-employment discrimination.
• Chapter 11 — Positive action and occupational requirements: Chapter 11 covers positive action and occupational requirements, explaining when employers can lawfully require a particular protected characteristic for a role.
• Chapter 12 — Avoiding discrimination in practice: Chapter 12 covers avoiding discrimination in practice, including reasonable steps employers should take to prevent discrimination and harassment.

When relevant

Designing employment policies, handling grievances about trans inclusion, understanding the occupational requirement exception, and structuring workplace transition support.