Single-sex spaces guidance comes into force

New guidance on single-sex spaces such as toilets and changing rooms comes into force today. This guidance means that these spaces should be organised by biological sex, and not gender identity.

The guidance from the Equality and Human Rights Commission (EHRC) applies to spaces that are open to the public. It follows the decision by the UK’s Supreme Court that for the purposes of the Equality Act, ‘sex’ refers to a person’s biological sex. This means that a transgender woman (someone born male but identifying as female) cannot use a single-sex space allocated for women.

The EHRC guidance applies to a wide range of public spaces, including cafes, restaurants, leisure centres, and public toilets. While the guidance makes it clear that single-sex spaces should be reserved for those of the same biological sex, it recognises that forcing a transgender person to use facilities of their biological sex could amount to discrimination. It recommends the use of gender-neutral facilities as an alternative.

The draft code of conduct has been expected for some time, and had been presented to the equalities minister, Bridget Phillipson, nearly a year ago. the government had delayed publication until after the elections in May, and was made public in June. 167 MPs signed a motion saying that the guidance was unworkable and should be scrapped. Nevertheless the guidance has now come into force in England, Wales, and Scotland.