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

Single-Sex Spaces Guidance to Be Released Post-May Elections

The UK government has announced its intention to finalize and publish updated guidance on single-sex spaces following the May 7 elections, according to Equalities Minister Bridget Phillipson. The revised draft, prepared by the Equality and Human Rights Commission (EHRC), was submitted on Monday, yet the government remains restricted from making further public statements until after the electoral process concludes, as stated in a written response to parliamentary inquiries.

Following a Supreme Court ruling that redefined “woman” in the Equality Act as tied to biological sex, the EHRC has redrafted its Code of Practice to align with this interpretation. The initial version of the guidance was sent for approval in September, but subsequent adjustments were made after incorporating feedback from the government and evaluating consultation responses. Dr. Mary-Ann Stephenson, chair of the EHRC, noted that these changes aim to enhance clarity for organizations on how to apply equalities law in everyday scenarios.

Once approved, the guidance will be presented to Parliament for a 40-day review period before becoming binding. Phillipson emphasized that the government is acting swiftly to ensure the policy is enacted after the local elections in England and national polls in Scotland and Wales. The Commons will reconvene on May 13 for the State Opening of Parliament, with a recess beginning on May 21.

“The amendments seek to solidify how duty bearers understand the law and its practical implications,” Stephenson explained. “This will guarantee all service users receive fair treatment, consistent with the Equality Act.”

Despite the revisions, some advocates remain critical of the delay. Alex Parmar-Yee of the Trans+ Solidarity Alliance praised the adjustments, stating the previous leaked draft had been “unworkable.” However, Maya Forstater, CEO of Sex Matters, argued that the prolonged timeline has disadvantaged women. “It’s remarkable that a year after the Supreme Court’s decision and seven months after the first submission, the government still finds reasons to postpone the guidance,” she remarked.

The EHRC’s Code of Practice serves as a framework for interpreting the Equality Act 2010, particularly for public entities and service providers. The latest version reflects the Supreme Court’s ruling in the case of For Women Scotland, which clarified that terms like “sex,” “man,” and “woman” refer to biological sex under equality law across the UK. BBC News has yet to review the updated document or the government’s remarks on the earlier draft.