Trans people still protected says minister as single-sex spaces guidance laid

Aine Fox, Press Association Social Affairs Correspondent

New guidance on single-sex spaces ensures the protection of “people’s rights across our country”, the equalities minister said as she laid the long-awaited code before Parliament.

The updated guidance has been published more than a year after a landmark Supreme Court ruling in April 2025 which said the words “woman” and “sex” in the Equality Act 2010 refer to a biological woman and biological sex.

Women and equalities minister Bridget Phillipson said that ruling had “made it clear that sex means biological sex” under the Equality Act, “and that trans people are still protected by the Act”.

The Government said the new code “gives organisations clear, workable guidance which will enable them to take a pragmatic approach to protecting and serving the needs of our society” and supports service providers such as hospitals, cafes and leisure centres “in ensuring they can make practical, and ultimately sensible decisions for every day scenarios, such as toilet provision”.

While women’s rights campaigners said the publication of the code on Thursday must mark “an important turning point” in a long-running debate about sex and gender identity, trans rights activists have insisted trans people’s “participation in public life” must be protected.

The code of practice for services, public functions and associations, which runs to more than 300 pages, covers nine protected characteristics including age, sex, disability, race and gender reassignment, and has been updated in full for the first time since 2011.

It is aimed at guiding businesses and other organisations such as leisure centres and hospitals on how they can follow equality law, including in provision of single and separate-sex services such as toilets and changing rooms.

A draft code was handed to ministers by the Equality and Human Rights Commission (EHRC) last September and the Government has faced criticism for the delay in publishing it.

In the intervening period, Ms Phillipson had argued the Government was “taking the time to get this right” and said it was both important that “women have access to a single-sex provision” and that trans people “should be treated with dignity and respect”.

The Prime Minister’s spokeswoman reiterated this on Thursday, rejecting a suggestion it was choosing to publish on the last day before Parliament breaks up for recess in an attempt to bury bad news.

In response, the Downing Street spokeswoman said: “No, as I said, we’ve been focused on getting it right and ensuring duty bearers are able to uphold the law.”

Ms Phillipson, in a written statement to Parliament, said: “The current Code was produced in 2011 and there have been significant developments since then, including the Supreme Court ruling in For Women Scotland, resulting in the EHRC wanting to update the Code.

“Following last year’s Supreme Court ruling, the draft Code’s content on sex and gender reassignment has changed substantially from the 2011 version.

“The ruling made it clear that sex means biological sex for the purposes of the Equality Act 2010 and that trans people are still protected by the Act under the protected characteristic of ‘gender reassignment’.”

She added: “This government is proud of the Equality Act 2010 and will protect and uphold it; this Code is an important step in ensuring that organisations across Great Britain have clear guidance regarding its implementation, protecting people’s rights across our country.”

Scrutiny

The code of practice, which would apply across England, Scotland and Wales has now been laid before Parliament for scrutiny from both MPs in the Commons and peers in the Lords.

It will not be enacted for 40 days.

While a vote would not be required to enact the code and make it statutory, either House could pass a motion to reject it within that period.

EHRC chairwoman Mary-Ann Stephenson 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.

‘Misrepresented’

Cathy Larkman of the gender critical campaign group Women’s Rights Network Wales said: “While we welcome the announcement by Bridget Phillipson regarding the EHRC Code of Practice, it has been 400 days since the Supreme Court judgment which clarified the law on women’s rights in single-sex spaces and services.

“400 days in which the Minister could have made a difference to the lives of women and girls across the country.

“400 days in which real leadership could have been exercised.

“400 days in which all those years of the laws being misrepresented could have been put right.

“400 days in which public organisations could and should have amended their unlawful policies to protect the rights of women and girls.

“This announcement has been delayed and dithered upon to an unacceptable degree. In the meantime, there have been serious implications for the rights of women and girls in private areas such as toilets, changing rooms, hospital wards, rape crisis and domestic violence centres, prisons and in sports.

“This announcement means the excuses of all those organisations claiming to be ‘waiting for the guidance’ are now over. No more excuses.

“We at WRN Wales will be holding them to account, on behalf of all women and girls in Wales.

“We call on the Welsh Government to unequivocally welcome and support the guidance, and to ensure it is adopted throughout Wales immediately.”