Single-sex space guidance for organisations to be published after May elections

Single-Sex Space Guidance to be Released Post-May Elections

Government Announces Plans to Publish Updated Directive

The UK government plans to issue fresh guidelines on single-sex spaces following the May 7 elections, as stated by equalities minister Bridget Phillipson. A revised draft from the Equality and Human Rights Commission (EHRC) was submitted on Monday, but the timing of the elections has delayed further government announcements, according to Phillipson’s written response to MPs.

Legal Context and Amendments

The EHRC’s Code of Practice, which directs organizations on implementing equalities law, is undergoing revision due to a Supreme Court decision that redefined “woman” under the Equality Act using biological sex as the criterion. The initial draft was sent for review in September but has since been adjusted following feedback from the government, public consultations, and legal counsel. Dr. Mary-Ann Stephenson, chair of the EHRC, noted that these changes aim to clarify how the law applies in everyday situations, ensuring service users receive equitable treatment aligned with the Equality Act.

Election Timeline and Parliamentary Process

Phillipson emphasized that the government is accelerating efforts to finalize and present the guidance to Parliament after the local and national elections. The House of Commons will not reconvene until the State Opening of Parliament on May 13, followed by a recess starting May 21. The new code will undergo a 40-day parliamentary review period before becoming official, unless either the Commons or the House of Lords passes a rejection motion.

“The amendments seek to reinforce the clarity of legal obligations for duty bearers, ensuring they navigate diverse scenarios with confidence.” – Dr. Mary-Ann Stephenson, EHRC chair

“The government’s commitment to single-sex spaces rooted in biological sex remains firm, with the Supreme Court’s ruling confirming that trans protections are embedded within the Equality Act.” – Bridget Phillipson, equalities minister

Reactions to Draft Guidance

The leaked November draft, which proposed assessing trans individuals based on physical traits or behavior, sparked debate. Alex Parmar-Yee of the Trans+ Solidarity Alliance praised the revisions, calling the earlier version “unworkable” and highlighting the need for consistent trans-inclusive policies that reflect international human rights standards and Labour’s pledges. Meanwhile, Maya Forstater, CEO of Sex Matters, criticized the delay, arguing that the prolonged process has disadvantaged women.

“It’s remarkable that nearly a year after the Supreme Court’s ruling, and seven months after the EHRC’s initial submission, the government continues to postpone finalizing this guidance.” – Maya Forstater, Sex Matters CEO

The EHRC’s updated Code of Practice follows the Supreme Court’s April decision in *For Women Scotland*, which clarified that the terms “sex,” “man,” and “woman” in equality law pertain to biological sex. The revised document is expected to balance protections for trans individuals with the rights of those relying on sex-based classifications, pending approval from Parliament.