our initial response to the ehrc guidance

Written by Heather Paterson (she/her), Chair at Proud Changemakers

acknowledgement

We acknowledge the publication of the draft updated Equality Act Code of Practice for Services, Public Functions and Associations, which has now been laid before Parliament.

This will be a worrying and upsetting moment for many LGBTQIA+ people across civil society, particularly trans and non-binary people, and organisations trying to understand what the Code may mean in practice.

our position

Our position is clear. Proud Changemakers supports trans inclusion. We oppose discrimination against trans people, non-binary people, and any part of the LGBTQIA+ community. Civil society should be a place where people are treated with dignity, respect and care, and where all LGBTQIA+ people are able to participate, lead and thrive.

There is likely to be significant media coverage and public debate over the coming days and weeks. We know this may be difficult, and in some cases harmful, for people in our communities. We urge civil society organisations and groups not to rush into reactive decisions or policy changes that could create fear, exclusion or further harm.

Instead, we encourage organisations to take time to understand the Code properly, seek appropriate advice where needed, and think carefully about their responsibilities to staff, volunteers, trustees, members and beneficiaries. Organisations should also consider what support people may need in the coming weeks, particularly LGBTQIA+ staff, volunteers and community members who may feel directly affected by the debate.

we are here

These findings, like various recent employment tribunals, further demonstrate the complexity of the law and its interpretation in practice. Many charities are facing difficult challenges, with little to no guidance or support. Some organisations may seek legal advice on the provision of their services and support, but this is likely out of reach for the majority of the sector which is small or micro organisations. 

For many of us these findings and the media coverage adds further distress and confusion. It may leave many people wondering how to navigate this area of law safely and taking an inclusive approach. We will continue to advocate for support and guidance specifically for charities, such as from the Charity Commission. 

This is a moment for care, clarity and leadership. Proud Changemakers exists to elevate, advocate for and support LGBTQIA+ people across civil society. We will review the Code in detail and consider our further response in due course, including what it may mean for LGBTQIA+ people working and volunteering across the charity and voluntary sector.

In the meantime, we remain clear that inclusion matters. Civil society has a responsibility to challenge discrimination, uphold dignity, and ensure that no part of the LGBTQIA+ community is isolated, excluded or treated as expendable.

If you or your organisation are being impacted by the discourse around the Code, or have concerns about what it may mean for you, please get in touch with Proud Changemakers. We also welcome conversations with organisations, funders and partners who want to support our work to advance LGBTQIA+ inclusion across civil society.

additional support

If you find yourself struggling with this news, we would like to highlight the following resources:

• LGBT Foundation, helpline on 0345 3 30 30 30 and email helpline@lgbt.foundation, Mon – Fri 9:00AM – 8:30PM and Weekends 10:00AM – 5:30PM

• Mermaids, for trans specific support, Monday – Friday, 1pm – 8:30pm, 0800 801 0400 and Webchat with the same hours, https://mermaidsuk.org.uk/

• LGBT Switchboard, runs the national LGBTQIA+ support line, 0800 0119100

• MindOut, for LGBTQIA+ mental health support live chat, https://mindout.org.uk/:

  • Every Monday 3:00pm – 5:00pm (we aim to provide volunteers who are People of Colour)

  • Every Tuesday 3:00pm – 5:00pm (we aim to provide volunteers who are Trans/Non-binary)

  • Every Wednesday 3:00pm – 5:00pm (general LGBTQ support)

• Samaritan’s Helpline on 116 123, open 24/7

• Galop for the National Helpline for LGBTQ+ Victims and Survivors of Abuse and Violence, 0800 999 5428, email help@galop.org.uk