New guidelines recently issued by the Equality and Human Rights Commission (EHRC) have affirmed that single-sex services should be determined based on biological sex. The updated code, released over a year after a pivotal Supreme Court ruling in April 2025, clarified that terms like “woman” and “sex” in the Equality Act 2010 refer to biological characteristics.
The new code covers various scenarios, including sports, where it stipulates that trans individuals should compete according to their birth sex rather than gender identity. It also addresses hospital settings, indicating that they can lawfully exclude trans patients if the service is single-sex.
The NHS has announced its intention to review the updated code and aims to release draft guidance for the health service soon. Both supporters and critics have reacted to the new EHRC guidance. Gender-critical campaigners view the new regulations on single-sex spaces as a significant advancement, while trans rights activists criticize them as chaotic, drawing comparisons to policies in the United States under the Trump administration.
Labour MP Sarah Owen, chair of Parliament’s Women and Equalities Committee, expressed concerns about the ongoing uncertainty faced by trans individuals due to potential legal challenges against the new guidance. She extended support to those affected, emphasizing the need for clarity on how they can navigate public life.
The updated guidance could have significant implications for the transgender community. It allows for exclusion of trans individuals in certain sporting events for fair competition and suggests alternatives like mixed-sex categories. Hospitals are permitted to designate single-sex wards based on patients’ assigned sex at birth, potentially affecting transgender patients who identify differently.
Moreover, the guidelines outline criteria for handling situations where verification of an individual’s sex is necessary due to concerns about access to single-sex services. Providers are advised to approach such matters sensitively, considering various factors before requesting confirmation of sex.
Sarah Owen urged the Government to provide adequate support for the trans community, emphasizing the importance of dignity and respect for all individuals. She called for clear guidance to assist organizations in maintaining inclusivity while respecting individual rights to privacy.