Single-sex space guidance for organisations to be published after May elections
Single-sex Space Guidance to Be Released Post-May Elections
Equalities minister Bridget Phillipson has announced that the government will release updated guidance on single-sex spaces in the coming month, following the May 7 elections. The new guidance, submitted by the Equality and Human Rights Commission (EHRC) on Monday, is currently under consideration but cannot be finalized until after the electoral process concludes, according to a written statement to MPs.
Supreme Court Influences Legal Redrafting
The EHRC is revising its Code of Practice, which outlines how organizations should apply the Equality Act. This update follows a Supreme Court ruling that redefined the term “woman” under the act based on biological sex. A preliminary version was presented in September, but further adjustments have since been made to align with recent legal interpretations.
Amendments Aimed at Clarity and Compliance
Dr. Mary-Ann Stephenson, chair of the EHRC, stated that the latest changes to the draft were prompted by government input, alongside consultation responses and legal counsel. These revisions are intended to “enhance duty bearers’ comprehension of the law” and ensure “all service users are treated with dignity and respect,” she explained. The guidance will be reviewed by Parliament for 40 days before becoming official unless a motion is passed to overturn it.
“The only workable solution is to uphold trans-inclusive provisions nationwide, adhering to international human rights benchmarks and Labour’s commitments to the trans community,” said Alex Parmar-Yee of Trans+ Solidarity Alliance.
“Women are suffering due to the prolonged delay in finalizing this guidance,” remarked Maya Forstater, CEO of Sex Matters. “A year after the Supreme Court decision and seven months after the initial Code submission, the government continues to find excuses for postponement.”
Phillipson highlighted that the government is “taking urgent steps” to present the guidance to Parliament after the May elections. The House of Commons will reconvene on May 13 following the State Opening of Parliament, before adjourning for a recess on May 21. The updated code will clarify how public services and providers should interpret the Equality Act 2010, particularly in cases involving trans individuals.
The leaked November draft had suggested that trans people could be questioned about their access to single-sex services based on physical traits or behavior. While the current version has been adjusted, the government’s feedback on earlier drafts remains undisclosed. This process underscores ongoing debates about balancing gender identity protections with biological sex-based provisions under the Equality Act.
