Key facts
- New guidance on single-sex spaces, based on biological sex, has come into force in England, Wales, and Scotland.
- The code, published by the Equality and Human Rights Commission (EHRC), applies to public facilities like toilets and changing rooms.
- It follows a Supreme Court ruling that 'sex' in equality law refers to biological sex, not gender identity.
- Trans individuals are advised to use gender-neutral facilities or those aligned with their biological sex.
- Campaigners are divided, with trans-rights activists calling it unworkable and sex-based rights groups welcoming the clarity.
Official guidance mandating that single-sex spaces, such as public toilets and changing rooms, should be organised according to biological sex has come into force across England, Wales, and Scotland. The code, published by the Equality and Human Rights Commission (EHRC), follows a UK Supreme Court ruling from April 2025 that defined 'sex' in equality law as biological sex rather than gender identity.
Under the new guidance, trans individuals are advised to use gender-neutral facilities or those that align with their biological sex. For example, a trans woman, defined as a biological male who identifies as a woman, should not use women-only facilities. Conversely, a trans man should not use men-only facilities. However, the code also notes that forcing a transgender person to use services based on their biological sex could amount to discrimination, with gender-neutral spaces presented as an alternative.
The guidance aims to provide practical advice for service providers, public bodies, and associations on how to interpret the 2010 Equality Act. It covers a wide range of services, including cafes, leisure centres, rape crisis centres, and sports clubs. Organisations like the Women's Institute and Girl Guiding have already stated their membership is for females, aligning with the principles of the code.
The implementation of the code has been met with mixed reactions. Trans-rights campaigners have voiced strong opposition, with Alexandra Parmar-Yee of Trans+ Solidarity Alliance stating that trans people will be made to feel unwelcome and unsafe. Conversely, gender-critical campaign groups, such as Sex Matters, have welcomed the clarity the code provides for organisations seeking to comply with the law. Legal challenges are anticipated from both sides of the debate.
Analysis suggests that the guidance could lead to significant costs for revamping facilities and changing signage across Britain. Public sector bodies, in particular, face estimated costs for cleaning and building work. The government has stated that many businesses may already be largely compliant, suggesting minimal cost implications for some.