Toilets and changing rooms must be used based on biological sex, new guidance from the equalities watchdog confirms. The Equalities and Human Rights Commission (EHRC) has issued a code of practice. This document clarifies rules for single-sex spaces. It states that a trans woman, who is biologically male but identifies as a woman, should not use female toilets or changing rooms.
The guidance suggests providing a third, gender-neutral space. This option should be available for transgender people. The EHRC believes this approach is fair. It aims to prevent discrimination. The EHRC's code of practice is now approved by ministers. It follows a Supreme Court ruling from last year. That ruling defined a woman based on biological sex under the Equality Act.
This new code affects many businesses and services. It covers shopping centres, gyms, hospitals, and restaurants. The aim is to help people live without harassment. Bridget Phillipson, Women and Equalities Minister, stated this. She said organisations need clear guidance on the law. The EHRC suggested gender-neutral toilets should be self-contained. They should have floor-to-ceiling walls and their own wash basins. The commission believes these requirements are not too difficult. Services could allow disabled toilets for trans people. Alternatively, simple male and female toilets could become unisex.
The guidance is now before parliament. MPs and peers have 40 days to review it. If no objections are raised, it becomes law. The EHRC sent the 300-page document to the government in September 2025. Ministers took eight months to release it. They stated they wanted to handle the issue carefully. Dr. Mary-Ann Stephenson, EHRC chair, urged an open mind. She hopes the debate will focus on everyone's needs.
Clare Reddington, chief executive of Watershed arts cinema, expressed concern. She said the delay caused confusion. She described the impact on trans people as toxic. Watershed cinema already has inclusive, gender-neutral toilets. These received awards in 2024. Reddington stated that designing for everyone is good for business. Maya Forstater of Sex Matters welcomed the guidance. She said organisations can no longer claim ignorance. She believes the guidance reinforces the principle of biological sex.
However, TransActual, a trans rights group, disagrees. They state the guidance reduces transgender rights. They believe it weakens protections for the whole LGBT community. TransActual plans to fight for equal access for trans people. Joanne Moseley of Irwin Mitchell Solicitors is advising businesses. She stresses clear signage and gender-neutral spaces. She noted that some businesses acted after the Supreme Court ruling. Others waited for this EHRC guidance.