New guidance from the Equality and Human Rights Commission (EHRC) has come into force in England, Wales and Scotland, setting out how public facilities and services that are single sex should be organised. The code, published in June but now in effect, says single-sex spaces open to the public—such as toilets, changing rooms and rape crisis centres—should be arranged according to biological sex where it is proportionate to do so. It also advises that trans people should use either gender-neutral facilities or the ones that correspond to their biological sex in settings including gym changing rooms and some support services. The timing follows a UK Supreme Court ruling in April 2025 that clarified the meaning of “sex” in equality law as biological sex rather than the gender a person identifies with. What The EHRC Code SaysThe EHRC code provides practical advice for services, public bodies and associations on how they should interpret the Equality Act 2010. For facilities such as public toilets and changing rooms, the guidance states that where organisations decide single-sex arrangements are proportionate, access should be limited to people of the same biological sex as the space. It gives examples of how that approach would apply: a trans woman—described as a person born male who identifies as a woman—should not use women-only facilities, and a trans man should not use men-only facilities. However, the code also says forcing a transgender person to use services linked to their biological sex could amount to unlawful discrimination in some circumstances. It points to gender-neutral spaces as an alternative where appropriate. Where The Guidance AppliesThe code applies across a range of organisations, from cafes and leisure centres to public toilets, domestic violence shelters and bowls clubs. It is intended to guide how organisations balance single-sex services with the Equality Act protections for people based on biological sex and those covered by gender reassignment. Background And Possible Legal ChallengesThe EHRC guidance is tied to the legal and political context created by the Supreme Court decision on the definition of “sex”. The EHRC said the approach reflects tensions between different protected rights under the Equality Act, which have already been at the centre of public debate and litigation. Legal action over how the code is implemented is expected by different campaign groups. Trans-rights organisations argue the guidance is unworkable, while sex-based rights campaigners say they will seek to challenge any organisations they believe are not following it. The EHRC’s draft code was sent to Bridget Phillipson, the equalities minister, for approval in September 2025. An amendment was made in June this year. Although MPs and members of the House of Lords were given the chance to vote for a debate after the approval, a motion calling for the draft guidelines to be scrapped—signed by 167 MPs—was not debated. Reaction From CampaignersTrans-rights campaigners said the code would make trans people less able to access services they need, and that it could leave them feeling unwelcome or unsafe in public spaces. Gender-critical groups and charities supporting sex-based rights said the guidance is intended to help organisations comply with existing law. Maya Forstater, from Sex Matters, said the law is clear and the code offers practical examples for everyday services. Some organisations have already adjusted their practices, including the Women’s Institute and Girlguiding, which have previously said membership is for females. Join the discussion? 5 August 2026
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