The Good Law Project (GLP) is backing a legal challenge against the UK government's updated Equality and Human Rights Commission (EHRC) code of practice, which takes effect today (August 5). The code, drafted by the EHRC and imposed by the government, provides statutory guidance to service providers. GLP argues that although the guidance is not legally binding, it could have a devastating impact on trans people's lives.
Stark choice for women's services
According to the EHRC guidance, many trans-inclusive women's organisations across the country face a stark choice: either ban trans women entirely or stop being a women's service and open up to all men. The code applies to a broad range of services, including women's pottery classes, gyms, and gendered toilets.
GLP claims the code risks outing trans people, marginalising them in everyday life, and pushing them out of public spaces and their communities. It also warns of knock-on effects for cis women, who may face challenges and harassment when accessing services, and for disabled people, as the guidance suggests trans people use accessible toilets, which are already underprovided.
Legal action initiated
GLP is supporting a trans person and a trans-inclusive organisation as claimants in the case. They have sent a pre-action protocol letter to the government and the EHRC as the first step towards proceedings.
Jess O'Thomson, GLP's trans rights lead, said: "It's difficult to believe just how far backwards our government has gone on trans human rights. This Labour government pushed through its transphobic guidance in the face of opposition from many MPs, including nearly a hundred of its own backbenchers. It's not just immensely harmful. We think it's unlawful, and completely against human rights. So this challenge is absolutely essential."
Political opposition and impact assessment
Last month, Nadia Whittome MP, who submitted a motion against the code, wrote to Bridget Phillipson, the Secretary of State for Education, demanding its withdrawal. "The scrutiny period for the EHRC's draft Code of Practice ends this week. This Code will enforce trans people's segregation, out them to others, and put them at increased risk of harassment, abuse and violence," she posted on BlueSky. "Despite more than 1 in 4 MPs signing my motion against the Code, it is due to come into force without any debate or vote in Parliament. I have written to the Minister for Women and Equalities urging her to withdraw it now."
The government's own Equality Impact Assessment acknowledges that the code could place some trans people at a "disproportionate risk of violence and sexual assault" and cautions about the dangers of gender policing affecting everyone, noting "women who are considered masculine may face greater scrutiny". Spokespeople for the EHRC and the government were unable to comment on ongoing legal proceedings.
