
New guidance from the Equality and Human Rights Commission has been slammed by campaigners for being “exclusionary” and weakening wider LGBTQ+ protections.
The equalities watchdog has ruled that single-sex spaces, like changing rooms and toilets, can only be used on the basis of biological sex.
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It states transgender people should instead use a third or a gender-neutral space.
It also warns that leaving the community without access to any services or facilities would be unlikely to be proportionate and could be discriminatory.
The EHRC’s delayed code of practice comes after the Supreme Court ruled that sex in the Equality Act refers to biological sex in 2025.
Councils, NHS trusts and businesses had postponed updating their policies on how to accommodate for single-sex spaces while waiting for the EHRC advice.
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MPs and peers now have 40 days to raise their own concerns about the advice before it becomes statutory.
However, campaign groups have warned that this is a step backwards for LGBTQ+ rights.
Trans+ Solidarity Alliance director Alexandra Parmar-Yee said: “The law here is a mess, and clearly many businesses will just go gender neutral to avoid the headache, but the government risks pushing trans people yet further out of public life.
“This guidance is going to be a Section 28 moment for this Labour government, defining their legacy on LGBTQ+ rights.
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“It’s the sort of trans rights policy we would expect from Trump’s America, and is worryingly similar to a US bathroom ban condemned by the UK foreign office in 2016.”
The second Trump administration has focused on restricting transgender rights, including attempts to block gender-affirming care and refusing federal funding for single-sex facilities that are not segregated by biological sex.
Parmar-Yee added: “While some language has been softened, the same exclusionary core remains.
“Treating trans people like this puts the UK outside the international human rights norm, and the right thing for Labour to do here would be to urgently legislate to clarify Parliament’s original intent for trans equality.”
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Similarly, TransActual said: “The newly published EHRC Code of Practice leaves trans people in the UK today with less rights than they had prior to last year’s Supreme Court ruling.
“Not only does this new guidance fail to protect the rights and dignity of transgender people, but appears to have weakened protections for the LGBTQ+ community as a whole.
“Rather than engage with our community with respect, the government has instead withheld publishing its new Code of Practice until as late as possible.
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“TransActual will continue to fight for equal access to public life for all trans people, and will publish our full thoughts on the new Code once we have had the time to properly scrutinise it – something that the government seems keen to avoid.”
The Women and Equalities Unit has been contacted for comment.
After announcing the guidance, women and equalities minister Bridget Phillipson said: “The Equality Act enshrines our rights in law so that people can live free from discrimination and harassment.
“Our focus has always been making sure organisations have clear, accessible guidance on how to implement the law.
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“I thank the EHRC for their work updating the draft code of practice, and look forward to continuing to work with them to ensure people’s rights are upheld across our country.”
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Help and support:
- The Gender Trust supports anyone affected by gender identity | 01527 894 838
- Mermaids offers information, support, friendship and shared experiences for young people with gender identity issues | 0208 1234819
- LGBT Youth Scotland is the largest youth and community-based organisation for LGBT people in Scotland. Text 07786 202 370
- Gires provides information for trans people, their families and professionals who care for them | 01372 801554
- Depend provides support, advice and information for anyone who knows, or is related to, a transsexual person in the UK
Subscribe to Commons People, the podcast that makes politics easy. Every week, Kevin Schofield and Kate Nicholson unpack the week’s biggest stories to keep you informed. Join us for straightforward analysis of what’s going on at Westminster.










