The Equality and Human Rights Commission (EHRC) has published updated guidance stating that single-sex toilets and changing rooms in England, Wales and Scotland must exclude transgender people. The code of practice follows an April 2025 Supreme Court ruling that sex in the Equality Act refers only to biological sex.
The guidance requires businesses and service providers to offer practical alternatives, such as gender-neutral toilets, for those who do not wish to use facilities for their biological sex. In healthcare, trans patients must be accommodated on single-sex wards according to their biological sex, though exceptions exist for outpatient services like obstetrics and gynaecology.
The government's equality impact assessment acknowledges a 'negative' impact on transgender people but highlights mitigating measures like 'third-space' provision. The EHRC chair, Mary-Ann Stephenson, called for a 'wider conversation' on accommodating different needs, including for women escaping violence.
Reactions have been divided. The Trans+ Solidarity Alliance director, Alexandra Parmar-Yee, described the guidance as 'a section 28 moment' and warned it could push trans people out of public life. For Women Scotland co-founder Susan Smith welcomed it as 'a significant milestone in ensuring women's rights are upheld'.
