Single-sex space guidance for organisations to be published after May elections

The UK government plans to publish updated guidance on single-sex spaces for organisations after the local and national elections on 7 May. Equalities Minister Bridget Phillipson confirmed that while a revised draft was submitted to the Equality and Human Rights Commission (EHRC) earlier this week, election rules prevent any immediate announcements. The guidance is being redrafted following a Supreme Court ruling that defined "woman" under the Equality Act 2010 based on biological sex, impacting how organisations apply equalities law. The EHRC’s Code of Practice, which advises public bodies and service providers, is being updated to reflect this legal interpretation. EHRC Chair Dr Mary-Ann Stephenson stated that the latest amendments were made after government feedback and consultation responses, aiming to clarify the law’s application in everyday scenarios while ensuring all service users are treated with dignity and respect. The government supports the use of single-sex spaces based on biological sex, emphasizing that protections for transgender individuals remain enshrined within the Equality Act. The Supreme Court ruling in the For Women Scotland case last April was pivotal, establishing that terms such as "sex," "man," and "woman" in equality law refer to biological sex in England, Scotland, and Wales. This decision has prompted the government and EHRC to revise the guidance to align with the legal framework. However, the delay in publishing the final guidance has drawn criticism from various groups. Trans rights advocates argue that the earlier leaked draft was unworkable and stress the importance of maintaining trans-inclusive provisions consistent with international human rights standards. Conversely, some women’s rights organisations express concern that the prolonged delay is causing harm to women seeking protections in single-sex spaces. With Parliament not sitting until mid-May following the elections, the government is under pressure to finalize and lay the guidance before Parliament resumes. The updated Code of Practice will play a crucial role in guiding organisations on compliance with equality law amid ongoing debates about the balance between sex-based rights and transgender protections.