The Equality and Human Rights Commission (EHRC) is adapting its guidance on single-sex spaces following the Supreme Court ruling that defines a woman based on biological sex, in a move described as more 'constructive' under its new chair, Mary-Ann Stephenson. Lawyers from the EHRC are in talks with government officials to soften the impact on businesses and transgender people, according to sources.
The previous interim advice, issued under former chair Kishwer Falkner, sparked concerns it could effectively exclude trans people from public facilities. That advice was withdrawn in October. Stephenson is viewed as more open to listening to concerns, with a government source stating: 'We are finding the EHRC more constructive under the new chair than the old one.'
Any changes will not dilute the government's commitment to single-sex spaces, but a pragmatic approach aims to limit costs and confusion for businesses, such as toilet and changing room modifications. Labour MP Rachel Taylor welcomed efforts to ensure the guidance 'upholds the rights of women and trans people and can reasonably be implemented by businesses.'
The final guidance, sent to ministers in September, has faced delays. Education Secretary Bridget Phillipson has been criticised for the hold-up, but officials argue it must be legally watertight to avoid judicial review challenges. A verdict is also awaited in a High Court challenge by the Good Law Project against the EHRC's response.
