Key facts
- Sex Matters claims Trans in the City's guidance to employers is "wrong in law".
- The guidance suggests employees use facilities they feel most comfortable with.
- The Equality and Human Rights Commission (EHRC) is investigating the claims.
- A recent Supreme Court ruling defined a woman as biologically female.
- EHRC guidance states single-sex spaces should be based on biological sex.
The equalities watchdog is investigating guidance to employers by a charity focused on trans inclusion, following claims by a feminist pressure group that the materials are "entirely counter to the law".
Sex Matters, a campaign group, has written to the Equality and Human Rights Commission (EHRC) alleging that Trans in the City has misled its corporate partners regarding transgender inclusion policies. Maya Forstater, chief executive of Sex Matters, stated that the published materials are "wrong in law" and urged the EHRC chair, Mary-Ann Stephenson, to take "urgent action".
Trans in the City's guidance, developed with legal professionals, advises companies to "allow employees to use the facilities they feel most comfortable using" and suggests that those requiring additional privacy can access a universal toilet. Forstater specifically criticized the opening statement of the document as legally incorrect.
The EHRC confirmed it is considering the claims and will take enforcement action if necessary. This dispute arises in the context of employers grappling with updated policies following a landmark Supreme Court case in April 2025, which defined a woman as someone biologically female. The EHRC has since issued guidance clarifying that single-sex spaces should be organized based on biological sex, though third spaces can be provided for transgender individuals.
Sex Matters also flagged an example case study in Trans in the City's guidelines as "confusing and misleading," where a transgender woman is directed to a male bathroom due to EHRC guidance, potentially exposing employers to harassment claims. Sex Matters argued that "sex is not special-category data" and that the guidance attempts to prevent the enforcement of single-sex rules.
Bobbi Pickard, chief executive of Trans in the City, stated that the charity does not provide legal advice but that its guidance was developed after consultation with legal professionals. Pickard emphasized the belief in the benefits of inclusion and that all individuals should work with dignity and privacy, asserting that their guidance supports this goal while highlighting potential risks for employers in the current UK legal landscape.