A new draft code of practice from the Equality and Human Rights Commission (EHRC) mandates that single-sex toilets and changing rooms across England, Scotland, and Wales must exclude transgender men and women. This long-awaited guidance provides a framework for public bodies, businesses, and service providers to implement the April 2025 supreme court ruling, which established that “sex” within the Equality Act refers strictly to biological sex.
The document clarifies that if a service provider admits a transgender individual to a space aligning with their lived gender rather than their biological sex, that facility can no longer be classified as “single-sex.” Providers who disregard this distinction may face an increased risk of legal challenge. However, the guidance also encourages businesses to offer practical alternatives, such as gender-neutral toilets, for those who do not wish to use services designated for their biological sex.
Significance and Implications
The EHRC’s guidance has drawn polarized reactions, highlighting the ongoing national debate over the interpretation of the supreme court judgment. Gender-critical campaigners, such as For Women Scotland, have welcomed the document as a milestone for protecting women’s rights. Conversely, trans advocacy groups have expressed concern that the policy could lead to increased exclusion of transgender people from public life, with some critics describing it as a “chilling effect” on access to public spaces.
The practical application of these rules remains a primary concern for many businesses. In sectors like hospitality, where infrastructure and building age vary significantly, owners have raised worries regarding the feasibility and potential costs of redesigning facilities to include gender-neutral options. The guidance acknowledges these challenges, noting that costs for such modifications would be borne by the businesses themselves.
What Happens Next
The draft code of practice was laid before parliament by equalities minister Bridget Phillipson on Thursday. Under the current timeline, Members of Parliament have 40 days to review the document. Following this period, the minister will issue a final order, at which point the guidance will formally come into force across England, Scotland, and Wales.
Frequently Asked Questions
Does the new guidance apply to all healthcare settings?
In healthcare, trans patients must be accommodated on the single-sex ward that accords with their biological sex when mixed-sex accommodation is not available. However, the code notes it would not be proportionate to exclude a trans man from obstetrics and gynaecology outpatient services based on the objections of other patients.
Can clubs and associations remain trans-inclusive?
Yes, the guidance suggests that clubs and associations may remain inclusive by opening their services to several protected characteristics simultaneously, such as men, women, and trans people.
What is the status of the guidance?
The document is currently in draft form. It has been presented to parliament for a 40-day consideration period before a final order is issued by the equalities minister.
How will these changes influence the way public spaces are designed in your local community?
