Official guidance on single-sex spaces open to the public in England, Wales and Scotland has come into force, with toilets, changing rooms and similar facilities to be organised on the basis of biological sex. The code, published by the Equality and Human Rights Commission (EHRC), says trans people should use either gender-neutral facilities or the ones that match their biological sex.
The guidance was published in June but is now in force in England, Wales and Scotland despite opposition from some MPs. It comes 16 months after the UK Supreme Court ruled that “sex” in equality law means “biological sex” rather than the gender someone identifies as.
Trans-rights campaigners have described the guidance as unworkable, while groups campaigning for sex-based rights say it brings clarity.
What does the EHRC code say?
The EHRC, the equality watchdog for England, Scotland and Wales, says the code gives practical advice for services, public bodies and associations on how they should interpret the 2010 Equality Act. It applies to organisations as varied as cafes, leisure centres, public toilets, domestic violence shelters, bowls clubs and many more.
The code says that where it is proportionate for facilities such as public toilets and changing rooms, or services such as a rape crisis centre, to be single sex, then only people of the same biological sex should use them. This means, for example, that a transwoman, a person born a biological male who identifies as a woman, should not use women-only facilities. It also says a trans man should not use men-only facilities.
At the same time, the code says it could amount to discrimination against a transgender person if they were forced to use services related to their biological sex, and says gender-neutral spaces are an alternative.
The Equality Act protects people on the grounds of both biological sex and gender reassignment. Transgender people argue they should be able to use services that align with the way they identify and live their life, rather than their biological sex. In response, campaigners including some women's and gay rights groups say this undermines sex-based protections, particularly for women.
It is the tension between these two sets of rights that led to both the Supreme Court ruling in April 2025 and the publication of this updated guidance.
Why is the guidance likely to face legal challenge?
The guidance suggests legal action on how the code is put into practice is likely. That could come from trans-rights groups who believe the guidance itself is wrong, and from sex-based rights groups who may challenge organisations they believe are not following the code.
The draft EHRC code was sent to Briget Phillipson, the equalities minister, to approve in September 2025. An amendment was made in June this year. Once it was approved, MPs and members of the House of Lords had the opportunity to vote for a debate on the code, but despite 167 MPs signing a motion calling for the draft guidelines to be scrapped it was not debated.
Many organisations have already made changes they say comply with the law and are in line with the code, including the Women's Institute and Girl Guiding, which had already said membership was for females.
How have campaigners responded?
Trans-rights activists have strongly opposed the code, saying it made trans people's lives more difficult. Alexandra Parmar-Yee, director at 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, gender critical campaign groups say the code is important in helping organisations comply with the law. Maya Forstater, of sex-based rights charity Sex Matters, said:
“The law is clear and the code is practical, giving many examples that apply to everyday services.”
What does trans mean and why is there a debate about transgender people's rights?
Key Facts
- The EHRC code applies to England, Wales and Scotland.
- It says single-sex public spaces should be organised on the basis of biological sex.
- The guidance was published in June and has now come into force.
- It follows the UK Supreme Court ruling in April 2025 that “sex” in equality law means “biological sex”.
- 167 MPs signed a motion calling for the draft guidelines to be scrapped, but it was not debated.
