EHRC statement on examples of incorrect single-sex spaces and gender self-identification guidance

18 Dec 2024 01:05 PM

In May 2024 the previous UK government launched a call for input seeking examples of policies or guidance which wrongly suggest that people have a legal right to access all single-sex spaces and services according to their self-identified gender. 

The Office for Equality and Opportunity yesterday published its response. The Minister for Women and Equalities has written to the Equality and Human Rights Commission to share the findings and invite the equality regulator to examine the examples further as appropriate. 

Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said: 

“As Britain’s independent equality regulator, we will consider any referrals regarding incorrect policies or guidance carefully, in line with our litigation and enforcement policy. Our mission is to ensure everyone is treated fairly, consistent with the Equality Act. 

“This is a complex area of law and we appreciate that service providers need help to navigate these challenges.

“All service providers and legal advisors should refer to our single-sex spaces guidance when developing or reviewing their own policies. This guidance describes how to make lawful decisions about any service they offer to women and men separately. It explains the permitted sex and gender reassignment exceptions in the Equality Act 2010.

“To reflect and clarify the law as it currently stands, we are also in the process of updating our Code of Practice for services, public functions and associations. The revised Code will be laid before Parliament and published next year.” 

The EHRC is currently consulting on its updated Code of Practice for services, public functions and associations. 

The statutory Code explains the practical steps that should be taken to ensure nobody is discriminated against. Among other revisions, it has been updated to reflect the legal understanding set out in the 2022 single-sex spaces guidance and significant developments in case law since the Code was first published in 2011.

Background:

  • The EHRC’s consultation on its updated Code of Practice for services, public functions and associations will close at 17:00 on Friday 3 January 2025.