EHRC submits revised trans guidance on single-sex spaces one year after Supreme Court ruling
Charities and non-profits urge for the guidance to be shared in advance of it being laid in Parliament
By Aaron Sugg
The Equality and Human Rights Commission (EHRC) in the UK has issued further guidance to the minister for Women and Equalities, Bridget Phillipson, on trans inclusion in single-sex spaces.
Following the April 2025 Supreme Court ruling on the definition of “sex”, the EHRC issued initial guidance on trans inclusion in single-sex spaces. This was swiftly challenged in court and later withdrawn.
In the months that followed, the Commission developed a draft statutory Code of Practice intended to reflect the Supreme Court judgment.
What does the updated Equality and Human Rights Commission say about trans inclusion in single-sex spaces?
Following feedback from the government, the EHRC revised the document in light of consultation responses.
An updated draft was developed in early 2026, ahead of final approval stages, and has yet to be released ahead of its one-year anniversary on 16 April 2026.
Dr Mary-Ann Stephenson, EHRC chair, issued a statement announcing the draft today (14 April).
“We have made adjustments where they help the Code provide legally accurate, practical guidance” – Dr Mary-Ann Stephenson on the updated guidance
She said: “Progress is being made towards accurate and up-to-date guidance on the Equality Act 2010 being available to service providers, associations and those exercising public functions.”
Stephenson continued: “The UK government recently provided us with a narrow set of comments on the draft Code of Practice we submitted in September. Having considered this feedback alongside consultation responses and further legal analysis, we have made adjustments where they help the Code provide legally accurate, practical guidance that is useful to duty bearers.”
“These aim to strengthen duty bearers’s understanding of the law and how it applies across a range of scenarios they encounter day-to-day, so that all service users are treated with dignity and respect, in line with the Equality Act.”
The EHRC amended awaits approval by the secretary of state
The chair further stated: “Our amended draft services Code of Practice has now been sent for the secretary of state to approve in advance of it being laid in Parliament.”
In light of the scrapping of their initial proposal, Trans+ Solidarity Alliance director Alex Parmar-Yee (she/her) praised the move in a news release.
She said: “We’re glad that the Government has heard how cruel and unworkable the EHRC’s original proposals were. A national bathroom ban under the guise of equality law is not in line with Labour’s values, and we hope any new guidance scraps that idea for good.”
“Now we have to find out whether this Government has taken its responsibilities seriously” – Alex Parmar-Yee on trans inclusion in the updated EHRC guidance
Despite the update, the future of trans rights in the UK remains uncertain: “For trans people and inclusive organisations, the last year has been horrific – now we have to find out whether this Government has taken its responsibilities seriously and fixed this mess or not,” said Parmar-Yee.
She added: “The only workable solution is to protect the norm of trans-inclusive provision across the country, in line with international human rights standards and Labour’s own promises to the trans community.”
LGBTQ+ charity Stonewall also remains positive following the update, as it urges the guidance to be shared in advance of it being laid in Parliament.
In a news release, it said: “Following a year of complex judgments in the Courts and the uncertainty this has created, it is essential that organisations can look to the Code for practical, workable guidance and feel confident about their legal obligations.”