Image source, ShutterstockEHRC code covers spaces open to the public in England, Wales and Scotland
ByAlison Holt , Social affairs editor and James Melley, Senior Social Affairs Producer
Single-sex spaces open to the public, such as toilets and changing rooms, should be organised based on biological sex, according to official guidance that has come into force.
The code, published by Equality and Human Rights Commission (EHRC), says trans people should use either gender-neutral facilities or the ones that match their biological sex, in places such as gym changing rooms or rape crisis centres.
The guidance was published in June but is now in place in England, Wales and Scotland – despite opposition among some MPs.
It comes 16 months after the UK Supreme Court ruled “sex” in equality law means “biological sex” rather than the gender someone identifies as.
Trans-rights campaigners have called the guidance unworkable, but groups that campaign for sex-based rights welcome the clarity it brings.
The guidance from the EHRC, the equality watchdog for England, Scotland and Wales, provides practical advice for services, public bodies and associations on how they should interpret the 2010 Equality Act
It applies to organisations as diverse as cafes, leisure centres, public toilets, domestic violence shelters, bowls clubs and many more.
The code says where it is proportionate for facilities, such as public toilets and changing rooms, or services like a rape crisis centre, to be single sex then only those of the same biological sex should use them.
This means, for instance, a transwoman, a person born a biological male who identifies as a woman, should not use women-only facilities. And a trans man should not use men only facilities.
But the code also says it could amount to discrimination against a transgender person if they were forced to use services related to their biological sex. It says gender-neutral spaces are an alternative.
The Equality Act provides protections for people on the grounds of both biological sex and gender reassignment.
Transgender people argue they should be able to use services that align with the way they identify and live their life, rather than their biological sex.
In response, campaigners including some women’s and gay rights groups say this undermines sex-based protections, particularly for women.
It is the tension between these two sets of rights that led to both the Supreme Court ruling in April 2025 and the publication of this updated guidance.
It suggests legal action on how the code is put into practice is likely. Both from trans-rights groups who think the guidance itself is wrong and from sex-based rights groups who will want to challenge any organisations who they believe are not following the code.
The draft EHRC code was sent to Briget Phillipson, the equalities minister, to approve in September 2025.
An amendment was made in June this year. Once it was approved, MPs and members of the House of Lords had the opportunity to vote for a debate on the code, but despite 167 MPs signing a motion calling for the draft guidelines to be scrapped it was not debated.
Many organisations have already made changes they say comply with the law and are in line with the code, such as the Women’s Institute and Girl Guiding, which had already said membership was for females.
Trans-rights activists have strongly opposed the code, saying it made trans people’s lives more difficult.
Alexandra Parmar-Yee, director at Trans+ Solidarity Alliance, said: “Trans people will be shut out of the services they need, made to feel unwelcome and unsafe in public spaces. Our lives will feel smaller and more precarious.”
However, gender critical campaign groups argue the code is important in helping organisations comply with the law.
Maya Forstater, of sex-based rights charity Sex Matters, said: “The law is clear and the code is practical, giving many examples that apply to everyday services.”