‘No more excuses’ as EHRC single-sex guidance comes into force

Government statutory guidance protecting single-sex spaces has now come into force.

After lengthy delays, an amended version of the Equality and Human Rights Commission’s (EHRC) Code of Practice for England, Scotland and Wales was approved in May and completed parliamentary scrutiny last month.

The guidance, which applies to services, public functions and associations, has been updated to ensure compliance with the Supreme Court’s ruling that ‘sex’ in the Equality Act 2010 refers to biological sex. Separate guidance for employers will be published at a later date.

Clarifying the law

The document states that if “a service provider (or a person providing a service in the exercise of public functions) admits trans people to a service intended for the opposite sex” then it cannot rely on exceptions to sex discrimination laws and may be acting unlawfully.

“This means that if a service is provided only to women and trans women or only to men and trans men, it is not a separate-sex or single-sex service under the Equality Act 2010.”

In relation to the Act, it specifies that “a person’s sex remains their biological sex”, regardless of whether they have a Gender Recognition Certificate.

Updated policies

Women’s rights group For Women Scotland said: “Today, the obfuscation and delay must end, and services must ensure that policies and training align with the law.”

The Women’s Rights Network posted on X: “No more poor excuses”, adding, “We look forward to reading through the new policies that will be published today.”

The Sex Equality and Equity Network (SEEN) in Health stated: “NHS Trusts and Health Boards have always been required to comply with the law. The updated Code should now leave no doubt about how the law applies in practice. Can we now see @NHSEngland updated policy on single-sex accommodation for patients, and when will it be published?”

A Government spokesman explained: “This is a complex area affecting millions of people, businesses and service providers across the country. That’s why we took the time to ensure the updated guidance is clear, robust and legally sound.”

He continued: “The code has now come into force, and we welcome the clarity it provides.”