The equalities minister has assured that trans people remain protected under new guidance on single-sex spaces, as the long-awaited code was laid before Parliament. Bridget Phillipson emphasised that the updated code, published for the first time since 2011, ensures the protection of “people’s rights across our country”.
Background and Supreme Court Ruling
The guidance follows a landmark Supreme Court ruling in April 2025, which determined that the terms “woman” and “sex” in the Equality Act 2010 refer to biological women and biological sex. Phillipson stated that the ruling “made it clear that sex means biological sex” under the Act, “and that trans people are still protected by the Act”.
Purpose of the Code
The Government described the new code as providing “clear, workable guidance” for organisations, enabling a pragmatic approach to protecting and serving societal needs. It supports service providers such as hospitals, cafes, and leisure centres in making practical decisions for everyday scenarios, including toilet provision.
Women’s rights campaigners welcomed the publication as “an important turning point” in the long-running debate on sex and gender identity. Meanwhile, trans rights activists insisted that trans people’s “participation in public life” must be safeguarded.
Scope and Content
The code of practice for services, public functions, and associations spans over 300 pages. It covers nine protected characteristics, including age, sex, disability, race, and gender reassignment, and has been fully updated for the first time since 2011. The guidance is aimed at helping businesses and organisations such as leisure centres and hospitals comply with equality law, particularly regarding single and separate-sex services like toilets and changing rooms.
Draft and Delay
A draft code was submitted to ministers by the Equality and Human Rights Commission (EHRC) in September, and the Government faced criticism for the delay in its publication. Phillipson previously argued that the Government was “taking the time to get this right”, emphasising the importance of both women’s access to single-sex provision and treating trans people “with dignity and respect”.
The Prime Minister’s spokeswoman rejected suggestions that the publication on the last day before the parliamentary recess was an attempt to bury bad news, stating: “No, as I said, we’ve been focused on getting it right and ensuring duty bearers are able to uphold the law.”
Parliamentary Process
In a written statement, Phillipson noted significant developments since the 2011 code, including the Supreme Court ruling in For Women Scotland, which prompted the EHRC to seek an update. She reiterated that the ruling clarified sex as biological sex under the Equality Act, while trans people remain protected under the characteristic of “gender reassignment”.
The code applies across England, Scotland, and Wales and has been laid before Parliament for scrutiny by MPs and peers. It will not be enacted for 40 days, and while a vote is not required, either House could pass a motion to reject it within that period.
EHRC chairwoman Mary-Ann Stephenson previously stated that no one expects “toilet police”, suggesting that organisations with self-contained male and female toilets could make them unisex.
