Women and Equalities Minister Bridget Phillipson has reiterated that trans people remain protected under the Equality Act, following the introduction of updated guidance on single-sex spaces to Parliament. The new code of practice, which replaces a 2011 version, comes over a year after a landmark Supreme Court ruling in April 2025 that clarified that the terms 'woman' and 'sex' in the Equality Act 2010 refer to biological women and biological sex.
Guidance Aims to Provide Clarity
Phillipson emphasised that the Supreme Court ruling 'made it clear that sex means biological sex' under the Act, while confirming that 'trans people are still protected by the Act' under the protected characteristic of gender reassignment. The government states that the new code offers 'clear, workable guidance' for organisations to adopt a 'pragmatic approach' in meeting societal needs. It is designed to assist service providers—from hospitals to cafes and leisure centres—in making 'practical, and ultimately sensible decisions for everyday scenarios, such as toilet provision.'
Reactions from Campaigners
Women's rights campaigners have welcomed the publication of the code, calling it 'an important turning point' in the long-running debate about sex and gender identity. However, trans rights activists have insisted that trans people's 'participation in public life' must be protected. The code of practice, which runs to more than 300 pages, covers nine protected characteristics including age, sex, disability, race, and gender reassignment. It is aimed at guiding businesses and other organisations, such as leisure centres and hospitals, on how to follow equality law, including in the provision of single and separate-sex services like toilets and changing rooms.
Background and Delays
A draft code was handed to ministers by the Equality and Human Rights Commission (EHRC) last September, and the government faced criticism for the delay in publishing it. In the intervening period, Phillipson argued that the government was 'taking the time to get this right' and stressed 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 was timed to bury bad news on the last day before Parliament breaks for recess, stating that the focus was on getting the guidance right and ensuring duty bearers can uphold the law.
Next Steps
In a written statement to Parliament, Phillipson noted that the draft code's content on sex and gender reassignment changed substantially following the Supreme Court ruling. She added: 'This government is proud of the Equality Act 2010 and will protect and uphold it; this Code is an important step in ensuring that organisations across Great Britain have clear guidance regarding its implementation, protecting people's rights across our country.' The code of practice, which applies across England, Scotland, and Wales, has now 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 noted that no one expects 'toilet police' and suggested that organisations with self-contained male and female toilets could make them unisex.
