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 confirmed that the government will publish new guidance on single-sex spaces in the coming month, following the May 7 elections. The updated draft from the Equality and Human Rights Commission (EHRC) was submitted on Monday, but electoral rules have delayed further announcements, as Phillipson noted in a written statement to MPs.

The EHRC’s Code of Practice, which outlines how organizations should apply equalities law, is undergoing revision. This change stems from a Supreme Court ruling that redefined “woman” under the Equality Act to align with biological sex. The first draft was submitted in September but has been adjusted since then.

“The latest amendments aim to strengthen duty bearers’ understanding of the law and how it applies across a range of scenarios they encounter day-to-day,” said Dr. Mary-Ann Stephenson, the EHRC’s chair.

Stephenson explained the revisions were driven by a narrow set of comments from the government, combined with input from consultations and legal analysis. She added the changes would ensure service users are treated with dignity and respect, as mandated by the Equality Act.

Phillipson highlighted that the government is taking urgent steps to present the guidance to Parliament after the elections. The House of Commons will reconvene on May 13 for the State Opening of Parliament, followed by a recess starting May 21.

The guidance supports the classification of single-sex spaces based on biological sex, with the Supreme Court clarifying that trans protections are already covered under the Equality Act 2010. The EHRC’s Code was updated following the April ruling in the case of For Women Scotland, which established that “sex,” “man,” and “woman” refer to biological sex in equality law across England, Scotland, and Wales.

“The only workable solution is to protect the norm of trans-inclusive provision nationwide, aligning with international human rights standards and Labour’s commitments to the trans community,” said Alex Parmar-Yee of the Trans+ Solidarity Alliance.

BBC News has not yet reviewed the latest guidance or the government’s feedback on the initial draft. A leaked version in November suggested trans individuals could be asked about their physical appearance or behavior to determine access to single-sex services.

“It’s extraordinary that a year after the Supreme Court judgment and seven months after the EHRC first submitted its Code, the government continues to delay publication,” remarked Maya Forstater, CEO of Sex Matters, a sex-based rights charity.

Once approved, the new code will be placed before Parliament for 40 days, where it can become statutory unless rejected by either the Commons or the Lords.