A growing number of Labour MPs have expressed doubts about the practicality of new guidance from the Equality and Human Rights Commission (EHRC) on implementing the Supreme Court's ruling that sex in the Equality Act refers to biological sex. The guidance, approved last month, has sparked concerns among 135 MPs—69 from Labour—who signed a Commons motion calling for it to be blocked, primarily due to its impact on transgender people.
The motion is unlikely to succeed as the government has declined to grant a vote, but backbench pressure is mounting for ministers to consider new legislation. The guidance stipulates that trans people should not use facilities like toilets and changing rooms for the gender they identify with, and in some cases, not even for their biological sex, with gender-neutral “third spaces” recommended where possible.
Labour MP Kevin McKenna, a former nurse, questioned the practical application in hospitals, noting that gender-neutral side rooms are scarce and often needed for clinical reasons. He warned the code “may not survive contact with reality” and could lead to “terrible situations” for trans people. Several MPs reported that trans constituents are avoiding medical care over fears of being placed on inappropriate wards.
Another Labour MP highlighted the subjective nature of the guidance, saying organisations fear being sued if they challenge someone using a single-sex space incorrectly. The 40-day period for the code to be laid before Parliament ends early next month, after which it will become law. A government source defended the process, stating efforts were made to ensure the guidance is workable and legally robust, though it cannot cover every eventuality.
