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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 · 06/09/2025 09:21

Ereshkigalangcleg · 06/09/2025 09:16

Yes, that’s how I took it too. Because if they don’t follow a just and reasonable process in discriminating legally they could be liable for claims from both women and trans people on a number of grounds.

In the old days companies would have gone straight to Stonewall or similar. Now, thank god, they are learning that there is real law here, and they have to follow it.

Cue much screaching from the usual suspects, but employers and service providers now realise that times have changed and they won't risk being sued by uppity women.

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WandaSiri · 06/09/2025 09:20

Poor Baroness Falkner - you can tell how irritated she is by all the whining. I hope Mary Ann Stephenson is at least as tough.

estellacandance · 06/09/2025 09:17

About time

Ereshkigalangcleg · 06/09/2025 09:16

Charabanc · 06/09/2025 08:30

I think she means they should get their own advice, from say specialist lawyers.

Yes, that’s how I took it too. Because if they don’t follow a just and reasonable process in discriminating legally they could be liable for claims from both women and trans people on a number of grounds.

SouthWamses · 06/09/2025 09:14

IwantToRetire · 06/09/2025 01:16

Agree, but this is the sort of detail I am wondering whether the EHRC is going to deal with.

And also, although I am totally behind the ruling, this will no doubt bring on another round of men with GRCs have been betrayed, and then those under 10,000 people will become the foundation on which every self identifying, non binary combination (ie life style choice) will pile in and the EHRC will be under attack again.

I suppose I am just thinking that more and more we may have laws, or guidelines on behaviour or whatever but entitled groups always think none of this pertains to them, because they are so special.

And sadly some politicians will support them.

It will only change when and if, and that is if ever, the public as a whole and all those who feel entitled to comentate do so from the perspective that this is a women's rights issues.

But it never is seen like this. It is always about a tiny oppressed minority whose lives are being ruined by that horrid powerful majority women.

Angry

Given the whole Supreme Court Case and ruling was purely about whether a GRC changes sex under the Equality Act, it was hardly a ‘detail’

Charabanc · 06/09/2025 08:33

IwantToRetire · 05/09/2025 21:27

Nobody thinks that!

Its just going to be interesting to see how the EHRC allows for those with a GRC, and does not (we hope) just think toilets meant for people with disabilities just get co-opted into if you are not sure use them!

It will be up to individual service providers and employers to provide sex-separate or non-segregated loos, the EHRC won't tell them how to do that.

Most advice to use the Disabled loos is from TRAs kicking off that they are being literally genocided by having to use the Men's, for example.

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Charabanc · 06/09/2025 08:30

I think she means they should get their own advice, from say specialist lawyers.

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IwantToRetire · 06/09/2025 01:59

Baroness Kishwer Falkner, chairwoman of the EHRC, told BBC Radio 4’s Today programme: “I think it’s going to be difficult for duty bearers, service providers, to adapt a ruling which is quite black and white into practical steps according to their own circumstances and their own organisation, which is why we’ve always emphasised they should take their own advice as well as adhering to our code.”

How can they take their own advice?

Or does she mean asking so expert, who surely should be following whatever these guidelines say.

https://www.aol.co.uk/news/adapting-gender-ruling-practical-steps-081216837.html

Adapting gender ruling into practical steps difficult for firms – watchdog chair

Chairwoman of the EHRC, Baroness Falkner, emphasised firms should take their own advice as well as adhering to the code.

https://www.aol.co.uk/news/adapting-gender-ruling-practical-steps-081216837.html

IwantToRetire · 06/09/2025 01:16

SouthWamses · 05/09/2025 22:30

The Supreme Court was clear that trans identified men with a GRC are still men under the Equality Act so the code of practice must reflect that.

Agree, but this is the sort of detail I am wondering whether the EHRC is going to deal with.

And also, although I am totally behind the ruling, this will no doubt bring on another round of men with GRCs have been betrayed, and then those under 10,000 people will become the foundation on which every self identifying, non binary combination (ie life style choice) will pile in and the EHRC will be under attack again.

I suppose I am just thinking that more and more we may have laws, or guidelines on behaviour or whatever but entitled groups always think none of this pertains to them, because they are so special.

And sadly some politicians will support them.

It will only change when and if, and that is if ever, the public as a whole and all those who feel entitled to comentate do so from the perspective that this is a women's rights issues.

But it never is seen like this. It is always about a tiny oppressed minority whose lives are being ruined by that horrid powerful majority women.

Angry
SouthWamses · 05/09/2025 22:30

IwantToRetire · 05/09/2025 21:27

Nobody thinks that!

Its just going to be interesting to see how the EHRC allows for those with a GRC, and does not (we hope) just think toilets meant for people with disabilities just get co-opted into if you are not sure use them!

The Supreme Court was clear that trans identified men with a GRC are still men under the Equality Act so the code of practice must reflect that.

IwantToRetire · 05/09/2025 21:27

SingleSexSpacesInSchools · 05/09/2025 20:47

I have not. But everyone involved has said there are no substantive changes. Men are not suddenly allowed in the ladies for example.

Nobody thinks that!

Its just going to be interesting to see how the EHRC allows for those with a GRC, and does not (we hope) just think toilets meant for people with disabilities just get co-opted into if you are not sure use them!

SingleSexSpacesInSchools · 05/09/2025 20:47

IwantToRetire · 05/09/2025 20:11

Have you seen it?

I have not. But everyone involved has said there are no substantive changes. Men are not suddenly allowed in the ladies for example.

SouthWamses · 05/09/2025 20:28

IwantToRetire · 05/09/2025 20:12

If you say so. I think the ordinary person in the street would understand.

There are an awful lot who claim not to understand the Supreme Court ruling. But if it said ‘should’ then it would have been leapt on. As anyone who has had to argue education provision for their child, or whether the LA provide transport to school, knows, ‘should’ is just a recommendation they don’t have to follow. ‘Must’ is mandatory. TRAs would never have missed ‘should’ had the SC said that.

Another2Cats · 05/09/2025 20:13

IwantToRetire · 05/09/2025 19:05

Sorry haven't read thread so this point may have been made, but:

The EHRC isn't telling the Government single sex facilites should be based on sex.

The Supreme Court has ruled that it should be!

The EHRC has to illustrate who this legal instruction should be carried out.

We dont know what it says.

We many not like it.

The Government may not like it.

I am not sure if Phillipson can tell the EHRC to change it.

And if they do whether it will make a difference that very soon Baroness Falkner will be gone and it will be down to Mary-Ann Stephenson.

"We dont know what it says.

We many not like it."

Just to add to the reply from @SingleSexSpacesInSchools , it is not the role of the EHRC to determine the law or the interpret the Equality Act.

The EHRC’s role is to provide guidance to assist people to understand and comply with their rights and obligations under the Act.

Regardless of what the guidance says, it is entirely down to, as you say, what the law says and what the Supreme Court has said that the law means.

IwantToRetire · 05/09/2025 20:12

SouthWamses · 05/09/2025 20:04

The EHRC isn't telling the Government single sex facilites should be based on sex.

The Supreme Court has ruled that it should be!

No, the Supreme Court has ruled that it MUST be.

Must and should are legally very different.

If you say so. I think the ordinary person in the street would understand.

IwantToRetire · 05/09/2025 20:11

SingleSexSpacesInSchools · 05/09/2025 19:41

It’s the same as the April one with additional examples and making the whole thing water tight. The fundamentals aren’t changing. They cant. Phillipson wont commit suicide by Farage, so she will nod it through, we wait 40 days, that’s it, binding.

Have you seen it?

SouthWamses · 05/09/2025 20:04

The EHRC isn't telling the Government single sex facilites should be based on sex.

The Supreme Court has ruled that it should be!

No, the Supreme Court has ruled that it MUST be.

Must and should are legally very different.

DuesToTheDirt · 05/09/2025 20:02

Instructions · 05/09/2025 16:41

It is insane that I live in a time where the idea that access to single sex spaces depends on one's sex is controversial. Insane.

It's also insane that figuring out what sex other people are, or even what sex you are yourself, is apparently "complicated".

SingleSexSpacesInSchools · 05/09/2025 19:41

IwantToRetire · 05/09/2025 19:05

Sorry haven't read thread so this point may have been made, but:

The EHRC isn't telling the Government single sex facilites should be based on sex.

The Supreme Court has ruled that it should be!

The EHRC has to illustrate who this legal instruction should be carried out.

We dont know what it says.

We many not like it.

The Government may not like it.

I am not sure if Phillipson can tell the EHRC to change it.

And if they do whether it will make a difference that very soon Baroness Falkner will be gone and it will be down to Mary-Ann Stephenson.

It’s the same as the April one with additional examples and making the whole thing water tight. The fundamentals aren’t changing. They cant. Phillipson wont commit suicide by Farage, so she will nod it through, we wait 40 days, that’s it, binding.

fromorbit · 05/09/2025 19:35

Charabanc · 05/09/2025 18:02

OMG the TRAs must be fewmin. Bridget and Wes staying in office!

Even more fuming Shabana Mahmood now is Home Secretary and she is a long time supporter of Labour Women's Declaration.

Ereshkigalangcleg · 05/09/2025 19:17

Charabanc · 05/09/2025 18:02

OMG the TRAs must be fewmin. Bridget and Wes staying in office!

When aren’t they!

IwantToRetire · 05/09/2025 19:05

Sorry haven't read thread so this point may have been made, but:

The EHRC isn't telling the Government single sex facilites should be based on sex.

The Supreme Court has ruled that it should be!

The EHRC has to illustrate who this legal instruction should be carried out.

We dont know what it says.

We many not like it.

The Government may not like it.

I am not sure if Phillipson can tell the EHRC to change it.

And if they do whether it will make a difference that very soon Baroness Falkner will be gone and it will be down to Mary-Ann Stephenson.

Charabanc · 05/09/2025 18:02

SingleSexSpacesInSchools · 05/09/2025 17:44

Well I reckon Starmer knew on Monday she was off! So definitely some planning there!

Wes Streeting is staying in post, very good news on the blokes in the ladies saga for the NHS.

OMG the TRAs must be fewmin. Bridget and Wes staying in office!

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Charabanc · 05/09/2025 18:01

SingleSexSpacesInSchools · 05/09/2025 17:47

"Delighted to remain in post as Education Secretary and Minister for Women & Equalities in this Labour government.

Now, we redouble our efforts to break the unfair link between background and success by giving children growing up in our country the best start in life."

Happy times!

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