The following Statement was made in the House of Commons on Monday 1 June.
“With permission, I would like to make a Statement on the draft Equality Act 2010 code of practice for services, public functions and associations.
The Equality and Human Rights Commission is the independent equality regulator, and it ensures compliance with the Equality Act 2010. Its code of practice covers all nine protected characteristics and the steps service providers should take to comply with the law. On receipt of the draft code from the EHRC in September, we consulted the devolved Governments in Wales and Scotland, per the process set out in the Equality Act 2006. The EHRC sent the Government an updated draft code last month, following engagement and further legal analysis, ensuring it is robust and accessible with clear explanations. The Minister for Women and Equalities updated Parliament in April, with the Government committed to laying the code in May following restrictions during the pre-election period. My right honourable friend honoured that commitment on 21 May.
The EHRC has worked hard to produce a code that works for everyone. Following the laying of the draft code, there is now a 40-day period, not including the recess, that allows for parliamentary scrutiny, as set out in the Equality Act 2006. If neither House disapproves the draft in this period, the Minister can then revoke the 2011 code by regulations and then bring the new code into force by a commencement order.
Today, I want to update the House on the contents of the code, in particular what has changed between this draft code and the 2011 version. The updates are primarily where there have been legislative changes, developments in case law, a change or clarification of terminology, or new guidance issued since the original code was published in 2011. The most substantial changes relate to the ruling by the Supreme Court in the case of For Women Scotland Ltd v The Scottish Ministers handed down on 16 April 2025. The judgment set out that sex means biological sex for the purposes of the Equality Act 2010, and that trans people are still protected by the Act. In its judgment, the Supreme Court also warned against reading the judgment
‘as a triumph of one or more groups in our society at the expense of another’.
That is why this Government will always treat these issues sensitively and will refuse to use any group as a political football.
The Government have been clear that we will protect single-sex spaces based on biological sex where they are needed, such as women’s refuges. We have also been clear that everyone, including trans people, should have the right to access the services they need in a way that is respectful, protects dignity and privacy, and ensures adequate provision. Changes primarily relate to the provision of sex-based services, when it is lawful to limit access to services and associations based on sex and gender reassignment, implications for competitive sport, and asking about someone’s sex.
For duty bearers, the draft code provides further clarity on how service providers can follow the Supreme Court ruling in practice. Although it cannot cover every single scenario, the EHRC has provided key explanations and worked examples, meaning that there is something that every organisation can take from it and apply in their own context with common sense. If a service provider still is not sure, perhaps because of a quite specific circumstance, they should take legal advice.
For clarity, the draft code indicates that a single-sex service should be provided on the basis of biological sex, so a women-only service should be for biological women only.
Service providers should find that the code provides certainty and clarity on who can access single-sex services and how they can best ensure women’s privacy, dignity and safety.
The code encourages services to communicate their policy on single-sex provision clearly, empowering women to make informed choices when accessing services. This could be especially useful for those women who, for feelings of safety or cultural or religious reasons, are unable to share some spaces with men. The draft code is also clear that trans people should not be left without services to use. Providers could provide mixed-sex facilities or specific support for trans people. We believe service providers will be able to find the right balance for everyone.
Members have raised accessing toilet facilities. The code indicates that toilets designated as male or female should be for those of that biological sex. Trans people can use accessible toilets, individual lockable toilets or unisex toilets. The draft code reflects that there must be toilet services for all, and many businesses and service providers will already meet those requirements. For example, a small café might have only one or two individual locked toilets for use by all customers. The draft code provides practical guidance on different ways to comply with the law. Some organisations will not need to make any changes at all and for those that do, in the majority of cases, we are talking about changing signs on existing facilities or updating them so that they are fully enclosed.
What the code does not provide is the right for members of the public to challenge one another on their sex and access to those spaces. People have been using single-sex spaces with a sensible and respectful attitude to other users for years and will continue to do so. Most people have the common sense to step in when necessary, when a person of the opposite biological sex enters a single-sex facility in error, for example, or to know when to alert a member of staff. The draft code provides clarity to service providers to ensure that people have access to services that are private and safe.
I am aware that some have also raised concerns over the code’s content regarding special category personal data. The code states that where an individual is asked to confirm their sex, that should be done sensitively and with respect for their privacy. The draft code explains that information about sex is likely to constitute special category personal data, where, for example, asking about sex may lead to the disclosure of someone’s medical history or the fact that they have a gender recognition certificate. The code advises providers to handle such conversations appropriately. We will work with the EHRC to ensure that service providers understand what is required of them when handling data.
There is also an interest in associations. If an association is for ‘women only’, the draft code indicates that that should be on the basis of biological sex. The draft code’s section on associations based on more than one protected characteristic means that an association that wants to be trans-inclusive can do so by basing its membership on both sex and gender reassignment.
There are also changes to disability, maternity and pregnancy protections. The draft code highlights protections for disabled people in the Equality Act that expand on what was included in the previous code, such as non-discrimination in relation to access to services. This will be the first time they are recognised and explained in the code. This is an important step for disabled people’s rights.
For pregnant and breastfeeding women, the updated code highlights that harassment relating to breastfeeding may also constitute unlawful harassment on the grounds of sex, confirming that women are protected. The code also highlights that while the protected characteristic of pregnancy and maternity is not covered directly under the harassment protections in the Act, it is indirectly covered, as such harassment amounts to harassment related to sex.