EHRC code on single-sex spaces comes into force across Britain

The code, issued by the Equality and Human Rights Commission (EHRC), says single-sex facilities such as toilets, changing rooms and rape crisis centres should be used only by people of the same biological sex. It advises transgender people to use either facilities matching their biological sex or gender-neutral alternatives where available.

The guidance follows the Supreme Court’s ruling last year that “sex” in the Equality Act 2010 refers to biological sex rather than gender identity.

The EHRC said the code provides practical guidance to organisations on complying with equality law. It also warns that requiring a transgender person to use facilities based on their biological sex could amount to discrimination in some circumstances, with gender-neutral provision presented as an alternative.

The code was not debated in Parliament despite opposition from some MPs.

Trans rights groups have criticised the guidance as unworkable. Alexandra Parmar-Yee, director of Trans+ Solidarity Alliance, said: “Trans people will be shut out of the services they need, made to feel unwelcome and unsafe in public spaces. Our lives will feel smaller and more precarious.”

However, sex-based rights campaigners welcomed the guidance. Maya Forstater of Sex Matters said: “The law is clear and the code is practical, giving many examples that apply to everyday services.”

Northern Ireland is not covered by the code because it has separate equality legislation and is considering the implications of the Supreme Court’s ruling.