High Court Upholds EHRC Guidance on Single-Sex Facilities Amid Controversy

On February 13, 2026, the High Court dismissed a legal challenge brought by the Good Law Project (GLP) against the interim guidance issued by the Equality and Human Rights Commission (EHRC) regarding single-sex facilities. The ruling, delivered by Mr. Justice Swift, confirmed that the EHRC's guidance, published in April 2025 following the Supreme Court's decision in *For Women Scotland*, was lawful. The guidance stated that under the Equality Act 2010, "man" and "woman" refer to biological sex, thereby allowing employers to restrict access to single-sex facilities based on this definition.

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The GLP, alongside three anonymous claimants—two trans individuals and one intersex person—argued that the EHRC's guidance was legally flawed and discriminatory against trans people. They contended that the guidance effectively barred trans individuals from using facilities corresponding to their lived gender. However, the court ruled that the GLP lacked standing to bring the challenge, as it was not directly affected by the guidance. The individual claimants' arguments were also dismissed, with the court stating that the guidance did not constitute a ban on trans inclusivity.

High Court confirms that trans women can use women’s facilities: Here’s what you need to know

The ruling has significant implications for trans rights in the UK. While the court acknowledged that the EHRC's guidance does not legally mandate a bathroom ban, it upheld the interpretation that employers must provide single-sex facilities based on biological sex. This has raised concerns among advocates for trans rights, who argue that the ruling could lead to increased discrimination and the outing of trans individuals in workplace settings. A spokesperson from the Trans+ Solidarity Alliance described the legal landscape as "completely incoherent," emphasizing the risks posed to trans employees who may be forced to use facilities that do not align with their gender identity.

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Dr. Mary-Ann Stephenson, chair of the EHRC, welcomed the ruling, stating that it reaffirmed the commission's role in championing everyone's rights under the Equality Act. Conversely, GLP director Jolyon Maugham criticized the court's dismissal of concerns about workplace gossip and the potential harm of outing trans individuals, calling it "deeply troubling." He urged the judiciary to pay closer attention to the lived experiences of trans people.

The Guardian

Critics of the ruling, including former civil servant Melanie Field, expressed disappointment that it did not provide the clarity needed in a contentious atmosphere surrounding trans rights. Field noted that the reliance on mixed-sex facilities could complicate access for both trans and disabled individuals. The ruling has also been interpreted as a setback for trans rights, with calls for the government to clarify its policy on the treatment of trans individuals in society.

High Court confirms that trans women can use women’s facilities: Here’s what you need to know

The GLP has announced plans to appeal the High Court's decision, seeking to challenge the interpretation of the law that restricts access to single-sex facilities based on biological sex. The ongoing legal battles reflect the broader societal tensions surrounding trans rights and the interpretation of equality legislation in the UK.

Good Law Project loses High Court battle over EHRC toilet guidance