The Equality Party has called on MPs across all parties to oppose the Equality and Human Rights Commission’s (EHRC) revised guidance on single-sex services, which is due to come into force on 5 August 2026. The party is urging the Government to bring forward legislation that protects trans and non-binary people’s rights and ensures the Gender Recognition Act 2004 is properly enforced.
The EHRC guidance follows the UK Supreme Court’s April 2025 judgment in For Women Scotland Ltd v The Scottish Ministers, which held that the terms “woman”, “man” and “sex” in the Equality Act 2010 refer to biological sex for the purposes of that Act. The Court stated that trans people remain protected from discrimination under the Equality Act through the protected characteristic of gender reassignment.
The revised EHRC guidance states that, in some circumstances, providers may be expected to exclude trans people from facilities that correspond to their gender identity. The guidance applies to workplaces, schools, hospitals, leisure facilities and other service providers covered by the Equality Act.
The Good Law Project has described the guidance as “discriminatory and unworkable” and has argued that it creates significant uncertainty for employers and service providers attempting to comply with equality law.
Cllr Kay Wesley, Leader of the Equality Party, said:
“The Equality Party believes every person deserves to live safely, openly and with dignity. We welcome the part of the guidance that allows women’s groups to include trans women if they wish, and look forward to the National Federation of Women’s Institutes and Girl Guiding resuming their previous inclusive practices.
“But it is clear that guidance excluding trans people from everyday services and spaces will make life harder not only for them, but for all women, who will find themselves subjected to increased scrutiny, suspicion and harassment simply for not conforming to stereotypes about how women should look or behave. It is a recipe for allowing other people to police and judge women’s bodies, and shocking that a civilised country should be doing this in 2026.”
Dr Abby Smith, Equality Party Candidate and Spokesperson for Intersectional Equality, said:
“As a woman who is trans, I know first-hand the anxiety that comes from not knowing whether you will be welcomed, challenged or excluded when carrying out ordinary daily activities.
“The practical effect of this guidance will be uncertainty. It risks forcing trans people to disclose deeply personal information about themselves simply to access services that other people take for granted.
“Trans people are not asking for special treatment. We are asking to be able to participate in society, access services and live our lives without fear of humiliation or discrimination.
“The Government must listen to trans people, human rights organisations and equality campaigners, and act to ensure that everyone can live authentically and safely.”
The Equality Party is calling on supporters and members of the public to write to their MPs and ask them to support legislation that:
- Protects trans and non-binary people from discrimination in public life;
- Provides clear legal safeguards for inclusive services;
- Ensures that people with Gender Recognition Certificates can live in their acquired gender without any barriers or exclusion;
- Recognises the existence of non-binary people, and provides for their identity in government services and documents;
- Includes trans and non-binary people in decision-making and policy formation around these matters.
Kay Wesley continued:
“In the last 15 months since the Supreme Court ruling on ‘sex’, trans people have begun fleeing the UK for Europe due to persecution they have received on these shores. This is shameful. It is not who we are.
“Britain has a proud history of advancing equality and human rights. We should be building a society where everyone can participate fully, not creating new barriers to inclusion.
“If the Government truly wants Britain to ‘work for everyone’, then it must work for trans and non-binary people too.
“We call on Prime Minister Andy Burnham and his Government to bring forward legislation that protects trans people from discrimination, provides clarity for service providers, and ensures the rights promised by the Gender Recognition Act are delivered in practice.”
ENDS
Notes to Editors
Key Facts
- The EHRC’s updated Code of Practice for services, public functions and associations is due to come into force on 5 August 2026.
- The Code follows the UK Supreme Court’s April 2025 judgment concerning the meaning of “sex” within the Equality Act 2010.
- The Code applies to services and associations rather than employers.
- The Code does not itself change the law, but organisations are expected to take it into account when complying with the Equality Act.
- The Good Law Project has described the guidance as “discriminatory” and “unworkable”, arguing that it encourages the exclusion and segregation of trans people and may have wider consequences for cisgender women and disabled people.
Sources
The Equality Party 