Delays in the publication of new guidance on single-sex spaces have been attributed to the “slow” response of the Equality and Human Rights Commission (EHRC), according to the Minister for Women and Equalities, Bridget Phillipson. During an appearance on BBC Two’s Politics Live, Phillipson stated that the guidance would be released “as soon as possible,” though she did not specify a timeline. She emphasized the need to address the issue “thoroughly and carefully.”
The new code of practice, developed by the EHRC, was submitted for ministerial approval in September 2023. In October 2023, the watchdog urged Phillipson to expedite her approval process, noting that some organizations were relying on outdated guidance, which could be considered unlawful. The comprehensive 300-page document was created following a unanimous ruling by the Supreme Court, which stated that a woman should be defined by biological sex under the Equality Act.
This ruling mandates that single-sex spaces must only include individuals of the same biological sex. Consequently, a trans woman—defined as a biological male identifying as female—would not be permitted to use women’s toilets and changing facilities.
In discussing the reasons for the delay, Phillipson noted, “I asked the EHRC for information that I needed to inform that decision. That, unfortunately, was slow in being forthcoming.” She specified that she required an equalities impact assessment to ensure that the guidance would not create an undue burden on businesses.
Despite the setbacks, Phillipson asserted her commitment to ensuring that women—especially those seeking support in rape crisis centres, women’s refuges, and other services—feel safe and supported. She remarked, “We’re making progress,” expressing confidence in the new chairwoman of the EHRC, Dr. Mary-Ann Stephenson, who assumed her role in December.
The EHRC has been approached for comment regarding the ongoing situation. Some members of the Labour Party have previously raised concerns about interim guidance issued by the EHRC in April 2022, cautioning that it could potentially lead to discrimination and harassment against trans individuals. This interim advice was later withdrawn in October 2022, after the full guidance had been submitted for government review.
According to a copy of the guidance reviewed by the BBC, though not officially published, it suggests that trans individuals might be queried about their eligibility for single-sex services based on physical appearance or behaviour. It further states that businesses may legitimately require individuals to provide confirmation of their eligible sex “by proportionate means.”
The guidance also highlights that if a transgender person is excluded from a specific space, organizations should consider alternatives to ensure access to essential services, such as toilets. Legal force for the code of practice will only be granted once it receives ministerial approval and has been laid before Parliament for 40 days. Should the government reject the guidance, the EHRC may revise it for resubmission or work to persuade the government to reconsider its decision.
As the situation unfolds, the focus remains on balancing the rights and safety of all individuals in the context of evolving social and legal standards.
