The Equality and Human Rights Commission (EHRC) has published updated guidance confirming that single-sex services must be based on biological sex. The guidance, released more than a year after a landmark Supreme Court ruling in April 2025, interprets the Equality Act 2010, specifying that the terms "woman" and "sex" refer to biological women and biological sex.
Impact on Sports
The guidance states that it may be "justified" to exclude trans individuals from competing with others of their biological sex for reasons of "fair competition." This could impose "significant limitations" on trans participation in sports. Organisers are encouraged to consider alternatives, such as mixed-sex categories, but a woman could bring a claim for indirect sex discrimination if a trans woman is included in her category.
Hospital Wards
Hospitals can maintain single-sex wards based on biological sex to protect safety, privacy, and dignity. Trans patients would be placed on wards according to their birth sex, not their gender identity. However, it would not be proportionate to exclude a trans man from obstetrics or gynaecology outpatient services based on objections from female patients. An NHS spokesperson said the health service will review the code and publish draft guidance shortly.
Verification of Sex
The guidance allows providers to ask individuals to confirm their sex in limited circumstances, such as when there is clear evidence of issues with opposite-sex access. This must be done sensitively and with respect for privacy. It is unlikely to be appropriate for facilities like toilets that are incidental to the primary service.
Reactions
Gender-critical campaigners welcomed the guidance as a "significant milestone," while trans rights activists criticised it, comparing it to policies in "Trump's America." Labour MP Sarah Owen, chair of the Women and Equalities Committee, expressed concern about a "hellish limbo" for trans people and urged the government to support the trans community and organisations wishing to remain inclusive.
