Equality watchdog issues guidance on single-sex spaces based on biological sex

The Equality and Human Rights Commission (EHRC) has issued new statutory guidance on single-sex spaces, stating that access to facilities such as changing rooms, toilets and refuges should be based on a person's biological sex rather than their gender identity. The code, which covers England, Scotland and Wales, follows a landmark Supreme Court ruling last year that defined sex in the Equality Act as biological sex.

The guidance is intended to clarify the law for service providers, but it has immediately sparked debate. Trans rights campaigners argue the rules are unworkable and could lead to discrimination, while gender-critical organisations say protecting single-sex spaces is essential for women's safety and privacy.

Trans woman Isabella, who regularly posts on TikTok, said she used to use women's toilets but now fears for her safety. "I do believe that my safety as a transgender woman has to have the same value as the safety of a transgender woman," she said. "I will never be safe in a men's toilet." She added that she would be willing to use gender-neutral toilets if available, but noted that could "out people that are not necessarily ready to be outed."

Gender-critical campaigners welcomed the guidance. One said: "This is about dignity, privacy, autonomy and access for women and girls. If you don't have single-sex spaces for women and girls, then lots of women are shut out completely from public life."

Businesses face practical challenges. Joe, who runs a sauna and plunge in East London, said implementing the guidance could cost around £35 million across the UK. He noted that smaller venues lack space to build extra changing rooms. "They just passed the book," he said of the EHRC. "It's really hard then for us to make that judgment. Are we asking for proof? We're obviously not going to do that."

The Good Law Project, a not-for-profit organisation, called the guidance transphobic and said it is supporting legal action against it. A representative argued that the rules would lead to trans people being challenged in bathrooms and that businesses would face legal challenges.

In an interview, the chair of the EHRC acknowledged that it would not usually be proportionate to have someone checking sex at the door of every toilet. She said enforcement would rely on complaints and that service providers should act discreetly if they need to ask. "Most of the time, we are expecting that people will follow the rules," she said.

The guidance leaves many questions unanswered, particularly around enforcement and how businesses are expected to determine a person's biological sex. The debate over how public spaces should accommodate everyone is far from settled.