Revisions to EHRC Guidance on Single-Sex Spaces Amid Controversy

The Equality and Human Rights Commission (EHRC) is revising its guidance on single-sex spaces in response to a Supreme Court ruling that defines "woman" based on biological sex. This revision aims to balance the rights of transgender individuals with the legal requirements for single-sex facilities, amid concerns from businesses and advocacy groups about the implications of the original guidance.

EHRC trans guidance to be changed under ‘constructive’ review, sources claim

The Supreme Court ruling, which emerged from a case regarding the 2010 Equality Act, has significant implications for how gender is defined in law. The initial guidance issued by the EHRC under former chair Kishwer Falkner suggested that service providers could lawfully exclude transgender individuals from gendered spaces, such as toilets and changing rooms. This advice faced backlash for potentially leading to discriminatory practices and was withdrawn in October 2025 due to legal and practical objections.

EHRC single-sex spaces guidance being adapted under ‘constructive’ new chair

• Mary-Ann Stephenson: The new chair of the EHRC, who took office in December 2025, is perceived as more open to dialogue and collaboration compared to her predecessor.

EHRC trans guidance to be changed under ‘constructive’ review, sources claim

• Bridget Phillipson: The UK’s Education Secretary and equalities minister, who has faced criticism for delays in finalizing the guidance.

EHRC single-sex spaces guidance being adapted under ‘constructive’ new chair

• Alex Parmar-Yee: Director of the Trans+ Solidarity Alliance, advocating for clarity and inclusion for transgender individuals in the revised guidance.

EHRC trans guidance to be changed under ‘constructive’ review, sources claim

Government sources indicate that discussions are ongoing between the EHRC and government lawyers to adapt the guidance in a way that minimizes disruption for businesses while ensuring compliance with the law. A government spokesperson emphasized that the review is being conducted with care to provide clarity for service providers. Meanwhile, the EHRC maintains that its updated code of practice is legally sound and aims to be as clear as possible.

EHRC single-sex spaces guidance being adapted under ‘constructive’ new chair

Critics, including members of the Labour Party and trans rights advocates, have expressed concerns that any guidance that does not clarify how to include transgender individuals will perpetuate discrimination. Alex Parmar-Yee stated, “Any new version of the EHRC’s code that does not provide clarity for service providers on how to include trans people will not fix this mess.” Additionally, over 650 businesses have warned that the original draft guidance posed unworkable challenges and legal risks.

Government and EHRC in talks over single-sex spaces guidance as campaigners urge clarity on trans inclusionEHRC trans guidance to be changed under ‘constructive’ review, sources claimEHRC single-sex spaces guidance being adapted under ‘constructive’ new chair

There is a notable discrepancy regarding the timeline for the finalization of the guidance. While some sources suggest that the government is taking time to ensure legal robustness, others indicate that delays may be influenced by political pressures from Labour MPs. Furthermore, the outcome of a high court challenge by the Good Law Project could impact the legal landscape surrounding the EHRC's guidance.

EHRC single-sex spaces guidance being adapted under ‘constructive’ new chair

The EHRC is expected to finalize its revised guidance soon, with ongoing discussions aimed at addressing the concerns raised by various stakeholders. The outcome of the high court challenge and the response from the government will be critical in shaping the final code of practice on single-sex spaces.

EHRC single-sex spaces guidance being adapted under ‘constructive’ new chair

• “Trans people are being thrown out of social groups, banned from bathrooms, and put at risk going about our daily lives.” — Alex Parmar-Yee, Director, Trans+ Solidarity Alliance

Government and EHRC in talks over single-sex spaces guidance as campaigners urge clarity on trans inclusion

• “We have to get this right, and this takes time,” — Government Source

EHRC single-sex spaces guidance being adapted under ‘constructive’ new chair

• “convinced that our updated services code of practice is both legally accurate and as clear as it is possible to be” — EHRC Spokesperson

EHRC single-sex spaces guidance being adapted under ‘constructive’ new chair