The publication of new guidance regarding single-sex spaces has been delayed, with UK Women and Equalities Minister Bridget Phillipson attributing the hold-up to a “slow” response from the Equality and Human Rights Commission (EHRC). Speaking on BBC Two’s Politics Live, Phillipson indicated that the guidance would be released “as soon as possible,” but she did not provide a specific timeline, emphasizing the need for a thorough approach to the matter.
The EHRC submitted a comprehensive 300-page document for ministerial approval in September 2023. Following a unanimous ruling by the Supreme Court, which defined a woman by biological sex for the purposes of the Equality Act, the EHRC was tasked with drafting practical advice for various sectors, including businesses and services such as gyms, hospitals, and domestic violence support facilities. The Supreme Court ruling clarified that a space designated as single-sex must only allow individuals of the same biological sex; otherwise, it is considered a mixed-sex space. For instance, a trans woman, defined as a biological male identifying as a woman, would not be permitted to use women’s facilities.
When questioned about the delays in publishing the guidance, Phillipson explained that she had requested crucial information from the EHRC to inform her decision-making. She stated, “I asked the EHRC for information that I needed to inform that decision. That unfortunately was slow in being forthcoming.” She highlighted the necessity of obtaining an equality impact assessment to ensure the guidance does not impose undue burdens on businesses.
Phillipson expressed her commitment to ensuring the safety and support of women in various provisions, including rape crisis centres and women’s refuges. “This doesn’t have to be a long and drawn out process,” she stated, adding, “I’m determined to do this properly but I absolutely am committed to making sure that women…have got what they need to feel safe.”
Progress is being made, according to Phillipson, who praised the newly appointed chairwoman of the EHRC, Dr Mary-Ann Stephenson, suggesting that her leadership would positively influence the process.
The EHRC has been approached for a response to the minister’s comments. Concerns have been raised by some Labour MPs regarding the interim guidance issued by the EHRC in April 2023, with 32 MPs warning that it could lead to discrimination against trans individuals. The interim guidance was withdrawn by the EHRC in October 2023, coinciding with the delivery of the new full guidance to the government for consideration.
A copy of the new guidance, which has not been officially published but was reviewed by the BBC, suggests that inquiries regarding a trans individual’s eligibility for accessing single-sex services may be based on physical appearance or behavior. It also notes that businesses or services may request confirmation of an individual’s eligible sex through “proportionate means.” If a transgender person is denied access to a space, the guidance advises that organizations should explore alternative options, ensuring that no one is left without access to essential services, such as restrooms.
The code of practice will only become legally binding once it receives ministerial approval and has been laid before Parliament for a period of 40 days. Should the ministers choose to reject the guidance, the EHRC can submit a revised version or seek to persuade the government to reconsider its decision.
