This is taken to mean, Section 30 strengthens the EHRC's ability to apply for judicial review and to intervene in court proceedings, through giving explicit statutory provision for such action.

Also, it cannot support individual cases in tribunals and courts where the issue would concern matters that fall only under the HRA and not under some pre-existing British equality legislation (like the Sex Discrimination Act 1975).

[20] Although it operates at sub-national level, the EHRC was in 2009 recognised as a member of the worldwide network of national human rights institutions, securing "A status" accreditation from the former International Co-ordinating Committee of NHRIs (ICC).

[25] In 2008 the EHRC was designated as a part of the UK's independent mechanism responsible for promoting, monitoring and protecting the implementation of the Convention on the Rights of Persons with Disabilities.

[citation needed] Klug, who resigned in summer 2009, described a culture of intimidation at the Commission, while Hamptom said Phillips "didn't get human rights", Summerskill described a problem of nepotism, and Massie described it as "sluggish".

He would have been the first non-politician in over half a century to be convicted of this offence, but the Lords Committee found that the allegations were "subjective, and that no firm factual evidence is presented in their support; nor are they borne out by the submissions by individual members of the JCHR.

[42] The interim chair was Caroline Waters (previously deputy chair), until the appointment of Kishwer Falkner, Baroness Falkner of Margravine the next Chair by the Liz Truss, Minister for Women and Equalities[43][44][45] Following the election of two MEPs from the British National Party (BNP) in the 2009 European elections, a potential issue of public funding was raised by the Commission as the BNP constitution states that recruitment is only open to members who are "indigenous Caucasian and defined ethnic groups emanating from that Race"[46] The Commission's legal director John Wadham stated that "The legal advice we have received indicates that the British National party's constitution and membership criteria, employment practices and provision of services to constituents and the public may breach discrimination laws which all political parties are legally obliged to uphold"[47] This relates to the Race Relations Act 1976,[47] which outlaws the refusal or deliberate omission to offer employment on the basis of non-membership of an organisation.

[48] However, because the EHRC believed the BNP would continue to discriminate against potential or actual members on racial grounds, the commission announced that they had issued county court proceedings against it.

[50] A 2018 EHRC report, co-authored by Jonathan Portes and Howard Reed, found government policies disproportionately harmed the poorest in UK society.

The study investigates spending on the NHS, social care, police, transport, housing and education from 2010 to 2015 on different groups in England, Scotland and Wales.

Reductions per person since 2010 were notably higher in England, (roughly 18%) than in Wales (5.5%) and Scotland (1%), partly because devolved governments chose to reduce some effects of the cuts.

Making vulnerable groups suffer austerity cuts disproportionately goes against non-discrimination principles which the UK has agreed to under international human rights law.

"[51] In September 2017, EHRC Chief Executive, Rebecca Hilsenrath, demanded a zero tolerance approach to antisemitism in the Labour Party and swift action by the leadership to deal with it.

[70] In June 2020, it was announced the Commission would investigate the UK Home Office over its hostile environment policy towards migrants under the Coalition and Conservative governments, and the ensuing Windrush scandal.

[78] In October 2021, a group of academics published a letter in The Times calling on the EHRC to conduct a review of UK universities where policies are discriminating, the writers say, against "gender-critical" beliefs in the debate on transgender rights.

[79][80] On 26 January 2022 the EHRC wrote to Shona Robison, as Cabinet Secretary for Social Justice, Housing and Local Government for the Scottish Government, raising concerns about the proposed reforms to the Gender Recognition Act 2004 in Scotland, mentioning "the collection and use of data", "participation and drug testing in competitive sport" and "practices within the criminal justice system",[81][82] key subjects of controversy for "gender critical" feminists.

[93] Other organisations criticising the EHRC's statements included Equality Network,[94] UK umbrella organisation Consortium,[95] the British LGBT Awards,[96] LGBTQ+ youth charity akt,[97] the Rainbow Project,[98] Rainbow Greens,[99] Trans in the City,[100] the Feminist Gender Equality Network,[101] Gendered Intelligence,[102] Mermaids,[103] Stonewall Housing,[104] Pride Cymru,[105][106] and Manchester Pride.

[107] In February 2022, three whistleblowers – still working at the EHRC – told VICE about an "anti-LGBT" culture being adopted by senior leaders at the organisation which they said was causing non-executive staff to quit.

"[108] The same month, VICE also reported that Falkner was in favour of excluding transgender people from "single-sex spaces" in workplaces and businesses, including bathrooms which match their gender identity.

[111] Stonewall drew up a submission to the Global Alliance of National Human Rights Institutions (GANHRI), calling for the EHRC to lose its "A rating" because of its treatment of trans people.

This challenge was launched after the EHRC was criticised for asking the Scottish Government to pause its plans to make it easier for people to change their legal gender.

Responding to the announcement, EHRC chief executive Marcial Boo said: "We are pleased that the Sub-Committee on Accreditation assessed evidence of our independence and effectiveness and upheld our position, declining a special review of our work."

[115] Badenoch acted on the instruction of Prime Minister Rishi Sunak, who had said in his leadership campaign that "biology is critically important as we think about some of the very practical functions, like toilets or sports".

[115] LGBTQ+ charity Stonewall was angered, saying the move "risks opening yet another chapter in a manufactured culture war that will see little benefit to women, cis and trans alike".

[119] He said that the EHRC's objective "was to offer the government a formula through which it could carry out discriminatory distinctions currently unlawful under UK law", and that this action was "wholly unbecoming" of the institution.

[120] In the same month, 30 LGBTQ+ and human rights organisations wrote a letter to GANHRI, expressing concerns that the EHRC had failed to comply with the recommendations made by the body in its routine review in October 2022.

"My view is that an independent regulator shouldn't be in a position where the governments of the day can actually influence the appointments of that body to support a particular ideology," he told The Guardian.

Campaigners also said that there were no visible minorities among the senior management team, after the only black director was selected for redundancy, and that all two of the remaining BAME workers were on the bottom three pay grades.

[41] In July 2020, Newsweek reported that two BAME former commissioners at the EHRC, Baroness Meral Hussein-Ece and Lord Simon Woolley, said they were not reappointed to their roles in November 2012 because they were "too loud and vocal" about issues of race.

[136][137] The investigation restarted in July 2023[138] but was closed in October 2023, following an independent review of the Commission's handling of complaints, initiated by the Minister for Women and Equalities, with Falkner remaining in her position as Chair.