Equality Watchdog Urges Government to End Delay on Trans Guidance

EHRC warns uncertainty leaves gyms, hospitals and services in legal limbo

The Equality and Human Rights Commission (EHRC) has urged ministers to publish long-delayed guidance on how public bodies and private organisations should apply the law on sex and gender following the Supreme Court’s landmark ruling earlier this year.

The new guidance, which clarifies when services may lawfully restrict access to single-sex spaces such as toilets, changing rooms and hospital wards, was submitted to the government months ago but has not yet been laid before Parliament.

EHRC chair Baroness Kishwer Falkner warned that the delay was leaving “both organisations and individuals in a state of legal uncertainty”. Without updated instructions, she said, gyms, healthcare providers and local councils risk applying outdated guidance that may no longer reflect the current legal position.

The Supreme Court’s ruling earlier this year reaffirmed that the word “sex” in the Equality Act refers to biological sex, not gender identity. The decision has major implications for how public and private bodies manage access to facilities and services.

Human rights campaigners have accused ministers of “dragging their feet” to avoid political controversy ahead of next year’s election. The Department for Women and Equalities denied this, saying the guidance would be published “in due course” once regulatory impact reviews were completed.

Legal experts have warned that the continued delay could expose organisations to challenges from both sides — either for discrimination against transgender users or for failing to comply with biological-sex-based policies.

The EHRC said it would continue to press for clarity to ensure both equality and lawful practice. “Certainty benefits everyone,” a spokesperson said. “People need to know what their rights and responsibilities are under the law.”

The government has not yet set a date for when the new guidance will be published.