New guidance on provision of single sex spaces in facilities open to the public, including toilets and changing rooms, based on biological sex not gender identity, comes into effect
The Equality and Human Rights Commission (EHRC) has updated the Statutory Code of Practice to include statutory guidance on single sex spaces targeted specifically at ‘services, public functions and associations’ with effect 5 August 2026. There are also plans to update the guidance for employers ‘in due course to reflect developments in the law’.
The revised Code follows last year’s Supreme Court judgment on the definition of sex under the Equality Act 2010, which resulted in a demand for guidance on the lawful provision of separate or single-sex services.
The new EHRC guidance affects provision of single sex spaces such as toilets and changing rooms in sports clubs, hospitals and public areas. It means that these spaces should be organised by biological sex, and not gender identity.
