New guidance from the Equalities and Human Rights Commission (EHRC) clarifies that single-sex spaces such as toilets and changing rooms must be used according to biological sex. This follows a Supreme Court ruling last year that defined “woman” under the Equality Act based on biological sex. The guidance, now approved by ministers, states that transgender individuals should not use facilities designated for the opposite biological sex but should be offered third or gender-neutral options instead.
Why this matters
This guidance impacts how public and private organisations manage access to single-sex spaces, affecting transgender people’s use of toilets and changing rooms. It aims to balance the rights of all individuals while complying with the law. The clarification is significant for businesses, charities, and public services, which must now review and possibly update their policies and facilities to align with the new code of practice.
Key developments
- The EHRC published the guidance following the Supreme Court ruling that biological sex determines access to single-sex spaces.
- The code advises that trans people should be offered gender-neutral or third spaces rather than using facilities aligned with their gender identity if it differs from their biological sex.
- The guidance recommends gender-neutral toilets or changing rooms have self-contained, lockable cubicles with floor-to-ceiling walls and wash basins.
- Services with limited facilities, such as only male and female toilets, may convert them into unisex spaces or allow trans people to use accessible toilets.
- The guidance is now before parliament, where MPs and peers have 40 days to raise concerns before it becomes statutory.
Background
The EHRC first sent the draft guidance to the government in September 2025. While six weeks were expected for review, the government took eight months to publish it, citing the need for thorough consideration. The delay caused confusion among organisations and the public about how to comply with the Supreme Court ruling.
The Supreme Court ruling last year established that the legal definition of “woman” under the Equality Act is based on biological sex, not gender identity. This ruling prompted the EHRC to update its code of practice to provide clear instructions on managing access to single-sex spaces.
Reactions
Women and Equalities Minister Bridget Phillipson said the guidance aims to help organisations implement the law clearly and ensure people live free from discrimination and harassment.
Clare Reddington, chief executive of the Watershed arts cinema in Bristol, praised the guidance but criticized the delay in its publication. The Watershed has gender-neutral toilets with floor-to-ceiling doors and some with sinks inside, alongside separate male and female toilets. Reddington said designing toilets for everyone benefits businesses and supports inclusivity.
Maya Forstater of the gender-critical group Sex Matters welcomed the guidance, stating it removes excuses for organisations that delayed compliance. She emphasized that “sex” means biological male or female and that policies allowing access based on gender identity must be corrected.
Conversely, a spokesperson for the trans rights group TransActual said the guidance reduces rights and protections for transgender people and the wider LGBT community. They pledged to continue advocating for equal access and plan to publish a detailed response after reviewing the code.
Joanne Moseley, a solicitor at Irwin Mitchell, noted that many businesses seek advice on compliance. She highlighted the importance of good signage and gender-neutral spaces where appropriate. Moseley warned that waiting for the guidance is not a legal defence if discrimination claims arise.
Recommended reading
For more context, see related Peack News coverage and explainers linked below.
