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

Single-sex space guidance to be released post-May elections

Equalities minister Bridget Phillipson announced that the government will release new guidance on single-sex spaces in the coming month, following the May 7 elections. The updated draft from the Equality and Human Rights Commission (EHRC) was submitted on Monday, but the electoral process has delayed further official statements, according to Phillipson’s written response to Parliament.

The EHRC’s Code of Practice, which outlines how organizations should apply equalities law, is being revised after the Supreme Court clarified that the term “woman” under the Equality Act must refer to biological sex. A preliminary version was sent for approval in September, but subsequent changes have been made. Dr. Mary-Ann Stephenson, the EHRC chair, explained that these amendments followed limited government feedback and a review of consultation responses and legal counsel.

Stephenson emphasized that the updates aim to improve clarity for organizations on how the law functions in daily scenarios. The revised guidance is expected to uphold the dignity and respect of all service users, as required by the Equality Act. Phillipson stated the government is acting swiftly to present the guidance to Parliament after the local and national elections, with the Commons resuming sessions on May 13 before a recess begins on May 21.

Supreme Court influence on policy

The Code of Practice is being revised in response to the Supreme Court’s decision in the For Women Scotland case last April. This ruling established that “sex,” “man,” and “woman” should be defined by biological sex within equality law across England, Scotland, and Wales. The BBC has yet to review the latest version of the guidance or the government’s input on the prior draft.

“The only viable solution is to maintain trans-inclusive practices nationwide, consistent with global human rights standards and Labour’s commitments to the trans community,” said Alex Parmar-Yee of Trans+ Solidarity Alliance, noting the earlier leaked draft was “unworkable.”

“It’s surprising that a year after the Supreme Court’s ruling and seven months after the Code was first proposed, the government is still finding reasons to delay its release,” remarked Maya Forstater, CEO of Sex Matters, who argued the delay harms women.

Once approved, the new code will be placed before Parliament for 40 days, after which it will become statutory unless rejected by either the House of Commons or the House of Lords.