In April 2025, in a case known as For Women Scotland, the UK Supreme Court decided that ‘sex’ for the purposes of the Equality Act 2010 means ‘biological sex’, that is sex recorded at birth. This overturned both decades of legal understanding of the interaction between the Equality Act and the Gender Recognition Act, and the original EHRC Codes of Practice. It has been largely understood to be the result of a decade of virulent anti-trans campaigning.
Since then the law has been unclear. After consultation and re-drafts the Equality and Human Rights Commission and the government have now agreed their understanding of the current legal position regarding single sex services and it has been published in a draft Code of Practice for services, public functions and associations which was laid before Parliament on 21st May 2026. It is not yet in force and Parliamentary and/or legal challenges are expected.
Top lines:
Bathroom ‘policing’ is not permitted.
Gender reassignment is a protected characteristic in equality law, along with others including sex, sexual orientation, race and disability. This protects trans people from discrimination and harassment.
Mixed sex services should be the default.
Gendered toilets are not required, but all gender / mixed sex ones are. This ensures that everyone has access to an appropriate toilet facility.
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