Rights watchdog makes ‘adjustments’ to long-awaited single-sex spaces guidance

The UK’s equalities watchdog said it has “made adjustments” to its proposed guidance on single-sex spaces after feedback from the Government.

The Equality and Human Rights Commission (EHRC), handed ministers what it described as “legally sound” updated guidance last September – but it is still awaiting formal approval.

The code of practice for services, public functions and associations covers nine protected characteristics including age, disability, race and religion or belief.

It is understood some of the adjustments made are related to single-sex spaces and the protected characteristic of gender reassignment.

The updated code of practice will be used by businesses and other organisations to inform their provision of single and separate-sex services such as toilets and changing rooms.

A leaked draft of the guidance was reported in November as suggesting transgender people could be banned from single-sex spaces based on the way they look – prompting trans rights campaigners to call it “a licence to discriminate based on looks, plain and simple”.

But EHRC chairwoman Mary-Ann Stephenson said in December that she did not accept such a characterisation, indicating the guidance would give advice on ensuring “there are services provided for people who can’t or don’t want to use the services for their biological sex”.

She has also previously said no-one is expecting there to be “toilet police”, and suggested organisations with self-contained male and female toilets could make them unisex.

On Tuesday, the commission confirmed it had made some changes to its proposals “where they help the Code provide legally accurate, practical guidance that is useful to duty bearers”.

The update comes just two days before the one-year anniversary of the Supreme Court ruling on the definition of a woman.

On April 16, 2025, the UK’s highest court confirmed the terms woman and sex in the 2010 Equality Act “refer to a biological woman and biological sex”.

The ruling was hailed a victory confirming “women are women and men are men”, but some described it as “incredibly worrying for the trans community” amid fears about access to certain facilities including toilets.

In a statement this week, Ms Stephenson said: “Progress is being made towards accurate and up-to-date guidance on the Equality Act 2010 being available to service providers, associations and those exercising public functions.

“The UK government recently provided us with a narrow set of comments on the draft Code of Practice we submitted in September.

“Having considered this feedback alongside consultation responses and further legal analysis, we have made adjustments where they help the Code provide legally accurate, practical guidance that is useful to duty bearers.

“These aim to strengthen duty bearers’ understanding of the law and how it applies across a range of the scenarios they encounter day-to-day. So that all service users are treated with dignity and respect, in line with the Equality Act.

“Our amended draft services Code of Practice has now been sent for the Secretary of State to approve in advance of it being laid in Parliament.”

Update

Women and equalities minister Bridget Phillipson is also expected to give an update on the code in a written statement to Parliament on Tuesday.

She has been urged by campaigners to “find some courage” and publish the guidance soon.

For Women Scotland (FWS), who won the landmark Supreme Court ruling a year ago and who said they are meeting with Ms Phillipson in London on Wednesday, said the guidance will be “an assistance to small and medium enterprises and services that don’t have their in-house lawyer team”.

FWS director Marion Calder said ahead of the meeting: “We go in with positive expectations and possibly can allay some fears.”