EHRC updates interim advice on For Women Scotland judgment
The Equality and Human Rights Commission has updated its interim advice to clarify how the judgment affects workplace facilities.
Interim advice updated
The Equality and Human Rights Commission (EHRC) has updated its interim advice on the practical implications of the Supreme Court’s judgment in For Women Scotland, which confirmed that the definition of 'sex' in the Equality Act 2010 refers to biological sex.
The interim advice was originally published in April 2025 in response to the judgment. The updated version now includes specific guidance on the provision of workplace facilities, confirming that mixed-sex facilities are acceptable where they are located in separate rooms lockable from the inside. This clarification reflects the requirements of the Workplace (Health, Safety and Welfare) Regulations 1992 and was not included in the first version of the advice.
The EHRC has emphasised that this is a clarification, not a change in its interpretation of the judgment.
The interim advice remains in place while the EHRC considers responses to its consultation on the Code of Practice for services, public functions and associations, which closed on 30 June 2025.
The outcome of that consultation is awaited.