Are we bound by EHRC at all now we have left the EU though - Keir Starmer seemed to imply that we weren’t, in one of his answers during hustings recently.
I get the point that it may be held as an example in any case though.
IANAL, but I agree that the correct comparator for assessing discrimination on the basis of ‘gender reassignment’ (which itself is a confusing term really), is someone of the same sex who has not ‘reassigned their gender’, not someone of the sex the claimant says they have reassigned their gender to. For one, how would that work for claims of discrimination on the basis of gender reassignments for anyone non-binary - there are no non-binary non-gender-reassigned people to compare to.
The law absolutely needs reform - to clarify sex and gender and the status and recognition of each. Not to mishmash them together and render them meaningless.