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Feminism: Sex and gender discussions

EHRC has now sent its new guidance to ministers

160 replies

Charabanc · 05/09/2025 08:01

Here we go...

ETA it's not "guidance" any more, it's the new Code

Equality law regulator submits updated code of practice to Minister for Women and Equalities

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

“Over the past two years the EHRC has undertaken a major project to update the entire statutory code of practice, which was published in 2011, to reflect over ten years of new legislation. Following the Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers in April, some additional sections required further revision.

“We have now submitted an updated draft of the code to the Minister for Women and Equalities. The government is responsible for laying it before Parliament. Once Parliament has considered its content, I look forward to the EHRC publishing this guidance, fulfilling our statutory role to provide clear information that protects everyone's rights under the Equality Act 2010.

“We have been clear that service providers, associations and public functions should not wait for the code of practice to be published to make any changes needed to comply with the law. As duty-bearers they must assure themselves of their legal responsibilities in their own specific circumstances and seek independent legal advice where necessary.”

Following ministerial approval, the UK Government must lay the draft code before Parliament for 40 days before it can be brought into force.

https://www.equalityhumanrights.com/media-centre/equality-law-regulator-submits-updated-code-practice-minister-women-and-equalities

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Charabanc · 11/09/2025 10:44

SerendipityJane · 11/09/2025 10:18

Oh, they are when it comes to putting signs up.

Again, that is not women's fault.

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SouthWamses · 11/09/2025 10:42

Anything not single sex should be called ‘unisex’ or ‘mixed sex’. We should not be promoting a harmful belief system through the use of ‘gender neutral’ signs.

SerendipityJane · 11/09/2025 10:18

ThatBlackCat · 11/09/2025 02:54

I never mentioned disabled spaces. I meant gender neutral. Male, female, and gender neutral. Disabled spaces are not included in that.

Oh, they are when it comes to putting signs up.

SingleSexSpacesInSchools · 11/09/2025 10:15

WandaSiri · 11/09/2025 10:02

The guidance is for the assistance of SMEs who don't have in-house lawyers. Even if the guidance never gets published, or it's published and some people ignore it, the law remains the law as it has been since the Act came into force. As Baroness Falkner explained in interviews, duty-bearers must follow the law now.

Very true. However so very very many people have been saying they won't and are waiting for this so....

WandaSiri · 11/09/2025 10:08

Anybody can use the guidance. It's intended for the duty-bearers who don't have or can't afford lawyers or their own legal advice.

Charabanc · 11/09/2025 10:06

SingleSexSpacesInSchools · 11/09/2025 09:55

My thoughts exactly. However, one hell of a lot has happened in politics since then, this is low on everyones radar, maybe it slipped under.

I think there are a few MPs waiting keenly for it, on both sides of the argument.

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Charabanc · 11/09/2025 10:04

WandaSiri · 11/09/2025 10:02

The guidance is for the assistance of SMEs who don't have in-house lawyers. Even if the guidance never gets published, or it's published and some people ignore it, the law remains the law as it has been since the Act came into force. As Baroness Falkner explained in interviews, duty-bearers must follow the law now.

The guidance is for everyone, including lawyers. Baroness Kishwar already told companies to get specialist legal advice if they need to.

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WandaSiri · 11/09/2025 10:02

The guidance is for the assistance of SMEs who don't have in-house lawyers. Even if the guidance never gets published, or it's published and some people ignore it, the law remains the law as it has been since the Act came into force. As Baroness Falkner explained in interviews, duty-bearers must follow the law now.

SouthWamses · 11/09/2025 09:59

My understanding is it should be here, but doesn’t appear to be:

https://statutoryinstruments.parliament.uk/?page=1

Though maybe not a statutory instrument?

SingleSexSpacesInSchools · 11/09/2025 09:55

Charabanc · 11/09/2025 09:52

As PPs have said, I can't find any evidence that she has laid it before parliament.

Also, it's forty sitting days, so would take us up to Christmas recess, I guess?

Surely, the minute she lays it, then MPs who don't like it will be publicising it? And that hasn't happened yet.

My thoughts exactly. However, one hell of a lot has happened in politics since then, this is low on everyones radar, maybe it slipped under.

SerendipityJane · 11/09/2025 09:54

WandaSiri · 11/09/2025 09:42

The guidance has been given to the Minister responsible and it's for her to lay it before Parliament. It's a technicality and it would be seismic if it wasn't approved.

Edited

Wouldn't be the first time that guidance has been ignored. The ACMD has been told to go away until it returns with the "correct" answer after doing it's job. And then ignored when it didn't.

Charabanc · 11/09/2025 09:52

Theswiveleyeballsinthesky · 10/09/2025 09:15

Yes she has. It has gone before parliament & the 40 days are counting down. The deputy leadership competition is neither here nor there

I know we always look for "oh god what now?" scenarios but this is clear cut. Guidance is before parliament & if no serious objections as in 'this contravenes the law' not 'we don't like it wah wah are received' from MP then it will simply stand

As PPs have said, I can't find any evidence that she has laid it before parliament.

Also, it's forty sitting days, so would take us up to Christmas recess, I guess?

Surely, the minute she lays it, then MPs who don't like it will be publicising it? And that hasn't happened yet.

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WandaSiri · 11/09/2025 09:42

The guidance has been given to the Minister responsible and it's for her to lay it before Parliament. It's a technicality and it would be seismic if it wasn't approved.

SingleSexSpacesInSchools · 11/09/2025 09:17

GargoylesofBeelzebub · 11/09/2025 09:07

When do we get to see it? After the 40 days I assume?

40 days after it has been laid but I am not convinced it has been given not a single MP has said it has been (unless I missed it)

GargoylesofBeelzebub · 11/09/2025 09:07

When do we get to see it? After the 40 days I assume?

Charabanc · 11/09/2025 07:36

SerendipityJane · 10/09/2025 17:11

We have offered third spaces as a solution for around 10 years.

I don't think the disabled offered their spaces.. (See also: wheelchair spaces on buses). It was done on their behalf. Like taking sugar, I guess.

I think you misunderstand. A third space does not have to be/should not be a disabled space. Blame companies and service providers for that, not women.

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ThatBlackCat · 11/09/2025 02:54

SerendipityJane · 10/09/2025 17:11

We have offered third spaces as a solution for around 10 years.

I don't think the disabled offered their spaces.. (See also: wheelchair spaces on buses). It was done on their behalf. Like taking sugar, I guess.

I never mentioned disabled spaces. I meant gender neutral. Male, female, and gender neutral. Disabled spaces are not included in that.

SerendipityJane · 10/09/2025 17:11

We have offered third spaces as a solution for around 10 years.

I don't think the disabled offered their spaces.. (See also: wheelchair spaces on buses). It was done on their behalf. Like taking sugar, I guess.

SingleSexSpacesInSchools · 10/09/2025 09:36

Theswiveleyeballsinthesky · 10/09/2025 09:15

Yes she has. It has gone before parliament & the 40 days are counting down. The deputy leadership competition is neither here nor there

I know we always look for "oh god what now?" scenarios but this is clear cut. Guidance is before parliament & if no serious objections as in 'this contravenes the law' not 'we don't like it wah wah are received' from MP then it will simply stand

Are you sure about that? I can;t find any news articles on it at all?

Charabanc · 10/09/2025 09:28

Theswiveleyeballsinthesky · 10/09/2025 09:15

Yes she has. It has gone before parliament & the 40 days are counting down. The deputy leadership competition is neither here nor there

I know we always look for "oh god what now?" scenarios but this is clear cut. Guidance is before parliament & if no serious objections as in 'this contravenes the law' not 'we don't like it wah wah are received' from MP then it will simply stand

Oh cool! Well done Bridge.

Yes there is a very high bar to pass to get the debate and free vote that the TRAs and a few captured MPs are demanding.

#nodebate is what they wanted, and that's what they've got! 😆

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Theswiveleyeballsinthesky · 10/09/2025 09:15

Charabanc · 10/09/2025 09:10

Has Bridget Phillipson signed it off yet? It won't be laid before Parliament until she does.

And now she is running for Deputy Leader of the Labour Party!

Yes she has. It has gone before parliament & the 40 days are counting down. The deputy leadership competition is neither here nor there

I know we always look for "oh god what now?" scenarios but this is clear cut. Guidance is before parliament & if no serious objections as in 'this contravenes the law' not 'we don't like it wah wah are received' from MP then it will simply stand

Charabanc · 10/09/2025 09:10

WandaSiri · 10/09/2025 09:04

It has been laid before Parliament - about a week ago iirc and will become statutory 40 days after that.

Has Bridget Phillipson signed it off yet? It won't be laid before Parliament until she does.

And now she is running for Deputy Leader of the Labour Party!

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WandaSiri · 10/09/2025 09:04

SingleSexSpacesInSchools · 10/09/2025 08:44

I wonder if the leadership contest is going to delay this being laid before parliament? I’ve not seen any notification that it has been?

It has been laid before Parliament - about a week ago iirc and will become statutory 40 days after that.

SingleSexSpacesInSchools · 10/09/2025 08:44

I wonder if the leadership contest is going to delay this being laid before parliament? I’ve not seen any notification that it has been?

Stripedlighthouses · 10/09/2025 07:58

I listened to the Tanya Grunwald podcast recently on this issue (highly recommend her This Isn’t Working podcast for anyone interested). I’m getting ever more irate that employers are claiming need for clarification via guidelines. It’s absolutely ridiculous.