New Guidance on Single-Sex Spaces: Post-May Election Update

The UK government and the Equality and Human Rights Commission (EHRC) are set to publish updated guidance regarding single-sex spaces shortly after the local and devolved elections on May 7, 2026.

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This update follows the Supreme Court’s ruling in the For Women Scotland case, which established that the term “sex” within the Equality Act 2010 refers specifically to biological sex.

What to Expect from the Publication

• Timeline: Minister for Women and Equalities Bridget Phillipson confirmed the guidance will be presented to Parliament as soon as possible after the May elections. Once laid, it typically becomes active after 40 days, provided there is no parliamentary opposition.
• The Final Draft: Following consultations between government lawyers and the EHRC, a revised draft was finalized in April 2026. The goal is to provide a legally watertight framework for service providers.
• Target Audience: The guidance is designed for “duty bearers”—including business owners, public bodies, and healthcare providers—to help them manage facilities like changing rooms, toilets, and domestic abuse shelters.

Legal and Practical Framework

The upcoming code is intended to bridge the gap between current law and daily operations:

Feature	Guidance Summary
Defining “Sex”	Clarified as biological sex in accordance with recent Supreme Court rulings.
Exclusion Rights	Service providers may limit access to biological females or males if it is a “proportionate means of achieving a legitimate aim” (e.g., privacy or safety).
Inclusivity	While biological sex remains the baseline for single-sex spaces, providers are encouraged to offer gender-neutral or private alternatives to ensure all users are treated with dignity.

Why the Delay?

The publication was paused due to purdah—the pre-election period during which the government is restricted from making major policy announcements that could influence the democratic process.

Operational Impact

For most organizations, this guidance will provide the “green light” to:

1. Maintain single-sex environments based on biological sex without fear of immediate legal repercussion.
2. Standardize signage and policies across various sectors, from hospitals to retail.
3. Balance competing needs by providing clear instructions on how to support transgender individuals through separate, high-quality private facilities.