The Equality and Human Rights Commission (EHRC) has issued updated guidance stating that single-sex toilets and changing rooms in England, Wales and Scotland must exclude transgender individuals. The guidance follows the Supreme Court's April 2025 ruling that sex under the Equality Act refers only to biological sex.
The code requires businesses and service providers to offer practical alternatives, such as gender-neutral toilets, for those who do not wish to use services based on their biological sex. In healthcare, trans patients must be accommodated on single-sex wards according to their biological sex, unless mixed-sex accommodation is available.
EHRC chair Mary-Ann Stephenson said the Supreme Court was clear that separate toilets for women and men must be based on biological sex. She called for a wider conversation on how to make services work for everyone, including women escaping violence and trans people.
Gender-critical campaign group For Women Scotland welcomed the guidance as a milestone for women's rights. However, the Trans+ Solidarity Alliance criticised it as a 'section 28 moment' that risks pushing trans people out of public life. The government's impact assessment acknowledges a negative impact on transgender people but highlights mitigating factors like third-space provision.
