New guidance from the Equalities and Human Rights Commission (EHRC), approved by ministers, confirms that single-sex spaces like toilets and changing rooms must be used based on biological sex. This means a trans woman, defined as a biological male who identifies as a woman, should not use female facilities, according to the code of practice. Instead, transgender individuals should be offered a third, gender-neutral space, as denying them access to any services could be discriminatory and disproportionate.
Context and Legal Basis
The guidance was released on Thursday, following a significant Supreme Court ruling last year which established that the definition of ‘woman’ under the Equality Act should be based on biological sex. This code of practice provides a framework for associations, businesses, and public services on how to organize their facilities, covering diverse settings such as shopping centers, gyms, hospitals, and restaurants.
Women and Equalities Minister Bridget Phillipson stated the objective is to enable individuals to live free from discrimination and harassment. She emphasized the importance of providing clear and accessible guidance for organizations to implement the law effectively.
Recommendations and Implementation
The guidance suggests that gender-neutral toilets or changing rooms should feature self-contained, lockable areas with floor-to-ceiling walls and integrated wash basins. The EHRC believes these requirements are not overly burdensome, noting that services could, for instance, allow trans individuals to use disabled toilets. Alternatively, if a facility only has two toilets, one male and one female, these could be converted into unisex facilities.
The code of practice, which spans over 300 pages, was initially submitted to the government in September 2025. Ministers took eight months to release the guidance, a period during which they stated they would handle the issue
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