Government and EHRC in talks over single-sex spaces guidance as campaigners urge clarity on trans inclusion

Ministers are reported to be in discussions with the Equality and Human Rights Commission (EHRC) over revisions to its draft Code of Practice on single-sex spaces, amid sustained controversy over its potential impact on trans people and service providers.

According to The Guardian, the EHRC’s guidance on how to implement a Supreme Court ruling that defines “woman” in law by biological sex is being “adapted” under the direction of new chair Mary-Ann Stephenson, in an effort to reduce disruption for businesses and better balance competing rights.

The move follows widespread alarm caused by earlier advice suggesting that service providers could lawfully exclude trans people from gendered spaces such as toilets and changing rooms - advice that critics said could be interpreted as requiring organisations to police access based on appearance. That interim guidance was withdrawn in October after legal and practical objections.

Stephenson, who took up her post late last year, has signalled a more collaborative tone with affected sectors and government officials, reassuring some MPs who had raised concerns about the previous approach and urging careful, inclusive drafting before the final code is laid before Parliament.

Trans people are being thrown out of social groups, banned from bathrooms, and put at risk going about our daily lives.

Despite the reported “constructive” engagement, campaigners maintain that fundamental clarity on how to include trans people must be at the heart of any revised guidance. Alex Parmar-Yee, director of Trans+ Solidarity Alliance, said: “Any new version of the EHRC’s code that does not provide clarity for service providers on how to include trans people will not fix this mess. Trans people are being thrown out of social groups, banned from bathrooms, and put at risk going about our daily lives. We are glad Ministers are hearing the widespread backlash against this unworkable guidance, but exclusion must be the exception and not the rule. Anything else means businesses, charities and public services being forced to police everyone’s gender.”

Pressures on Government have grown in recent months, not only from trans rights advocates but also from the business community. More than 650 companies and organisations, working with advocacy groups such as Trans+ Solidarity Alliance, have warned that the original draft guidance presented “unworkable operational challenges” for services and workplaces required to comply with the new legal framework. Critics argue that ambiguity in the guidance could expose employers to legal risk and could lead to discriminatory practices that harm both trans people and service users more broadly.

A government spokesperson said ministers were considering the EHRC’s draft and working with the watchdog to ensure the final code provides practical, lawful support for service providers.