Minister for Women and Equalities Bridget Phillipson said: Equality and Human Rights Commission (EHRC) latest draft guidelines To parliament.
The EHRC guidelines have been updated following the Supreme Court’s April 2025 ruling that sex refers to “biological sex” under the Equality Act 20210.
The purpose of the draft code is to give organizations clear guidance on day-to-day situations, such as who can use on-site toilets.
Mr Phillipson said: “The Equality Act enshrines our rights into law so that people can live free from discrimination and harassment.
“Our focus has always been on ensuring organizations have clear and accessible guidance on how to enforce the law.
“We appreciate the EHRC’s efforts to update the draft Code of Conduct and look forward to continuing to work with them to ensure people’s rights are protected across our country.”
What it means for transgender people
“Gender” and “gender reassignment” are both listed in the Code as protected characteristics. The definition of transgender is “a person with the protected characteristic of gender reassignment.”
It states that associations can restrict admission to people who share protected characteristics. As an example, it says it is legal to deny trans women membership in women-only organizations because membership is “based on gender.”
It also provides guidelines for gender-based sports, stating that “transgender people should not be allowed to participate in same-sex or other-sex competitions because of their gender identity.”
In an example describing a running club as a “gender-sensitive activity,” women who participate may be able to sue for indirect sex discrimination due to the provider’s decision to place trans women at a particular disadvantage.
It also says trans men could be barred from women’s sports, such as boxing, if they undergo testosterone treatment. “If a gym can demonstrate that allowing trans men to compete poses a genuine health and safety risk or impacts on fair competition, this is likely to be legal,” the magazine said.
However, the report said it could be illegal to exclude transgender people from gender-related activities based on their “biological sex” unless there are grounds for “safety or fair competition”. “If it is not necessary for these reasons, it is likely to be unlawful to deny transgender people the same participation as members of the same sex,” it reads.
According to the Supreme Court’s decision, when it comes to homosexual services, services must be provided based on “biological sex.”
The example is a toilet in a shopping center that has separate toilets for men and women. “This is disadvantageous for transgender people, as it means they cannot access the toilet that corresponds to their acquired gender. We also note that this option can cause safety risks and distress for transgender users if they are required to use a toilet designated for a person of the same biological sex. Therefore, the service provider has decided to provide toilets with hand wash basins in separate rooms with locks, making them accessible to all genders.”
It added that if an organization allows women and trans women, or men and trans men, it cannot be defined as a same-sex service or a different-sex service.
On the other hand, trans men may be excluded from women-only services if it is determined that women may object to their existence.
For example, it’s clear that transgender people need access to restrooms and changing clothes, but organizations should use guidelines to make their own decisions. “Service providers should consider whether there are suitable alternative services available to transgender people. For services that are necessary for everyone, such as toilets, it is highly unlikely that it would be appropriate to put transgender people in a situation where there is no service they are allowed to use.”
Stonewall’s response
In response to the updated draft code, Mr Stonewall said: “Today the Government has published the Equality and Human Rights Commission’s long-awaited code of practice for services, public functions and bodies.
” Updated code length is 340 pages. We and duty holders need time to read and understand this document and fully understand how services, public functions and bodies can be inclusive in line with the law.
“Many trans+ people have already experienced the negative effects of policies designed to exclude them, and for far too long have been at the center of harmful culture wars. Once a leader, the UK has plummeted in Europe’s LGBTQ+ equality rankings over the past decade. The government and all MPs must take equality seriously.”
“For Stonewall, trans + inclusion is fundamental to our vision of a world where everyone, everywhere has equal rights. The Equality Act 2010 exists to protect people from discrimination and ensure that we can all live free and fulfilling lives.”
“The world is more polarized and hostile than ever. We need a clear vision for equality in the UK and a roadmap to get there. We will work with partners across business, civil society and parliament to ensure all LGBTQ+ people receive equal protection and treatment under the law.”
“Stonewall’s purpose is to make the world a safe and equal place for all LGBTQ+ people to live, work, and thrive. We will not rest until we achieve this.”
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Source: PinkNews | Latest lesbian, gay, bi and trans news | LGBTQ+ news – www.thepinknews.com
