A United Nations expert has criticised the UK government over delays in publishing updated guidance on single-sex spaces, warning that the lack of clarity is creating uncertainty for employers and organisations.
The guidance is expected to follow the 2025 Supreme Court ruling on the legal definition of sex, a judgment that continues to shape how equality law is applied across workplaces, public services and institutions.
According to reporting in The Times, the UN raised concerns that delays in issuing formal guidance risk leaving organisations without a clear framework, potentially leading to inconsistent approaches across sectors.
The UK government has said the guidance remains under review, with officials working to ensure it reflects both the legal judgment and practical considerations. However, no timeline for publication has been confirmed.
The Equality and Human Rights Commission (EHRC), which has been involved in developing guidance following the ruling, previously issued interim advice earlier this year. That guidance was later withdrawn after legal challenge, adding to the uncertainty facing employers.
For many organisations, the delay has created practical challenges. Employers have been reviewing policies relating to workplace facilities, inclusion and staff support, often without clear national guidance to follow.
HR professionals have highlighted the difficulty of balancing legal compliance with the need to maintain inclusive working environments, particularly in sectors where access to single-sex spaces is a key issue.
The situation has been felt across healthcare, education and public services, where organisations are required to make decisions while the legal and policy framework continues to evolve.
In the absence of final guidance, many employers have adopted their own interpretations, leading to variation in how policies are applied.
Publication of the guidance is expected to provide clearer direction for organisations navigating one of the most complex areas of equality law.
Kim Cockayne