EHRC takes action on single-sex space policies
The Equality and Human Rights Commission (EHRC) has begun regulatory action against organisations whose policies misstate the law on access to single-sex spaces.
Background
In May 2024, the Government invited examples of policies suggesting people had a legal right to access single-sex spaces based purely on self-identified gender. Over 400 examples were submitted and passed to the EHRC for review. Following its analysis, the regulator has written to 19 organisations across sectors including policing, education and health, asking them to withdraw or revise policies that give a misleading impression of the law.
Regulatory action
Nineteen organisations across policing, education, health and other public services have been contacted by the EHRC. Each must provide assurances that their policies will be withdrawn and confirm a timetable for revisions. The Commission will monitor compliance and has warned it may take further regulatory action if necessary.
This move comes as the EHRC updates its statutory code of practice for services, public functions and associations, following the Supreme Court’s recent ruling in For Women Scotland v Scottish Ministers which clarified that the terms 'man', 'woman' and 'sex' in the Equality Act refer to biological sex. The regulator has also signalled that improving compliance with the Public Sector Equality Duty will be a focus of its 2025–28 Strategic Plan.
Learning points
Employers and service providers should take note that trans people remain protected under the Equality Act through the characteristic of gender reassignment. The EHRC has been clear that its role is to uphold both women’s rights and trans people’s rights within the existing legal framework. Organisations are therefore expected to strike a careful balance and ensure that their policies neither misstate the law nor inadvertently expose them to discrimination claims.