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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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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.

Charabanc · 05/09/2025 17:40

SingleSexSpacesInSchools · 05/09/2025 17:28

I am prepared to be proved wrong! As you say, and as I have been listening to this afternoon, this does seem to have been unplanned for today.

But I think that they were talking about all these moves before. They don't come from nowhere. You don't shunt your two top ministers of state around with no thoughts beforehand.

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SingleSexSpacesInSchools · 05/09/2025 17:28

Charabanc · 05/09/2025 15:55

No, the reshuffle was always planned. The odd thing is that Keir planned it for a Friday. Which is cowardly, because MPs are at their constituencies on a Friday. So he doesn't have to do it face to face...

Edited

Looking at it it really was not planned - https://www.politico.eu/article/uk-keir-starmer-forced-into-sweeping-reshuffle-angela-rayner-deputy-quits/

UK’s Keir Starmer forced into sweeping reshuffle as deputy quits

Rejig of Starmer’s team comes just days after a relaunch of his struggling administration.

https://www.politico.eu/article/uk-keir-starmer-forced-into-sweeping-reshuffle-angela-rayner-deputy-quits/

SouthWamses · 05/09/2025 17:23

If the burden is on service providers to make it clear that SS spaces are for people of one sex, and they comply in word but not deed, where does that leave female service users, does anyone know?

Successfully suing the service provider for sexual harassment and discrimination.

SirEctor · 05/09/2025 17:10

If the burden is on service providers to make it clear that SS spaces are for people of one sex, and they comply in word but not deed, where does that leave female service users, does anyone know?

Can a service provider say, however disingenuously, that they thought all the people going into e.g. the women's changing room were women? Does that leave a man who goes in personally liable (guilty of voyeurism/flashing) or does the service provider have any responsibility to stop men going in?

I'm wondering about the sticky issue of 'passing' and what would happen in practice if the service provider wasn't actually on board in a world where so many people are very dedicated to pretending they can't tell someone's sex?

I assume this won't be such an issue with male employees, but in places where employees are dealing with the general public?

Ereshkigalangcleg · 05/09/2025 17:02

Boiledbeetle · 05/09/2025 11:50

"Helen Joyce, the director of advocacy at Sex Matters, the campaign group, said: “Far too many organisations have been using the excuse that they are waiting for this guidance, even though the Supreme Court made the law clear in its judgment in the case of For Women Scotland in April.”

She added that the new code of practice must “leave no loopholes for those still seeking ways not to comply”.

I'm sure the Good Law Project will manage to find a couple of things that they think identify as loopholes, (only to have their arse handed to them on a plate yet again) if it means they can keep their grift and begging for money routine going a bit longer.

But hopefully we'll start to see more companies just going for "Sorry Chardonnay the laws the law, our hands are tied and you'll just have to use the gents" to those men in their staff that complain.

On Reddit trans uk there have been quite a few posts recently where people identifying as the opposite sex have been told to use the correct toilet or a third space by their workplace. Cue lots of impotent rage.

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.

Charabanc · 05/09/2025 16:36

SingleSexSpacesInSchools · 05/09/2025 16:31

Was it really oh ok - in that case I cannot imagine government is so failing to be joined up that the guidance was sent tomPhillipson only for her to move that day…?

One would hope. I don't think she'll be moved/ousted, but who knows with this lot.

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SingleSexSpacesInSchools · 05/09/2025 16:31

Charabanc · 05/09/2025 15:55

No, the reshuffle was always planned. The odd thing is that Keir planned it for a Friday. Which is cowardly, because MPs are at their constituencies on a Friday. So he doesn't have to do it face to face...

Edited

Was it really oh ok - in that case I cannot imagine government is so failing to be joined up that the guidance was sent tomPhillipson only for her to move that day…?

Charabanc · 05/09/2025 15:55

SingleSexSpacesInSchools · 05/09/2025 15:37

Well the reshuffle is thanks to today's events! Quite possible Bridget Phillpson will not be equalities minister come Monday

No, the reshuffle was always planned. The odd thing is that Keir planned it for a Friday. Which is cowardly, because MPs are at their constituencies on a Friday. So he doesn't have to do it face to face...

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SingleSexSpacesInSchools · 05/09/2025 15:37

Well the reshuffle is thanks to today's events! Quite possible Bridget Phillpson will not be equalities minister come Monday

Charabanc · 05/09/2025 15:35

SingleSexSpacesInSchools · 05/09/2025 15:32

I do hope this reshuffle does not screw things up...

I doubt it will. Keir's got a slightly bigger problem to deal with today 😆

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SingleSexSpacesInSchools · 05/09/2025 15:32

I do hope this reshuffle does not screw things up...

Brainworm · 05/09/2025 14:09

The TRAs that masterminded the plan that was very successful, but doomed to fail eventually, are the ones most scared. Their plan was to instigate ‘trans inclusive’ policy and establish this as the norm so if/when organisations were made aware of the law people would laugh at such an outdated law (like the illegality of flying kites in London) and it would swiftly be amended.

They know that in establishing perfectly acceptable third options, the sympathy they prey on will dissipate because everyone will see that this is perfectly fine and doesn’t deny privacy or dignity. It’s what they were hoping for in reverse, but their blind spot regarding the number of disordered, disturbed and disturbing individuals who label themselves ‘transwomen’, foiled their cunning plan.

Charabanc · 05/09/2025 14:05

TheywontletmehavethenameIwant · 05/09/2025 13:51

Call me childish, petty, even vindictive but I love it when they ask for a debate, because it gives me the chance to shout No Debate, your game, your rules NO DEBATE. I find it very therapeutic. 😁

Ha ha ha!!! 😆

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TheywontletmehavethenameIwant · 05/09/2025 13:51

Charabanc · 05/09/2025 09:50

At least three MPs (I forgot which ones, but I've seen their letters on Bsky) have written to Baroness Philipson asking to debate/have a vote on the guidance. But it doesn't seem like there's a way for that to happen by default?

Call me childish, petty, even vindictive but I love it when they ask for a debate, because it gives me the chance to shout No Debate, your game, your rules NO DEBATE. I find it very therapeutic. 😁

SingleSexSpacesInSchools · 05/09/2025 12:00

averylongtimeago · 05/09/2025 11:35

I’m waiting with interest to see how Girlguiding tries to wriggle out of this, in light of their update sent to members on Wednesday.

I think, as @Boiledbeetle says, they will just hold their hands up and say "we are being forced, it's not us, sorry" then roll over and forget about it. what else can they do?

Boiledbeetle · 05/09/2025 11:50

"Helen Joyce, the director of advocacy at Sex Matters, the campaign group, said: “Far too many organisations have been using the excuse that they are waiting for this guidance, even though the Supreme Court made the law clear in its judgment in the case of For Women Scotland in April.”

She added that the new code of practice must “leave no loopholes for those still seeking ways not to comply”.

I'm sure the Good Law Project will manage to find a couple of things that they think identify as loopholes, (only to have their arse handed to them on a plate yet again) if it means they can keep their grift and begging for money routine going a bit longer.

But hopefully we'll start to see more companies just going for "Sorry Chardonnay the laws the law, our hands are tied and you'll just have to use the gents" to those men in their staff that complain.

The Supreme Court’s ruling on trans women in detail

Why judges ruled that the word ‘woman’ in the Equality Act should not be extended to transgender women who have acquired a gender recognition certificate

https://www.thetimes.com/comment/register/article/the-supreme-courts-ruling-on-trans-women-in-detail-87kjbxp3j

averylongtimeago · 05/09/2025 11:35

I’m waiting with interest to see how Girlguiding tries to wriggle out of this, in light of their update sent to members on Wednesday.

EHRC has now sent its new guidance to ministers
Vogt · 05/09/2025 11:14

Yes I think Betterbe was right as are you.

ItsCoolForCats · 05/09/2025 11:10

Vogt · 05/09/2025 10:47

I know the EHRC cannot change the law but what I was thinking of was M&S's move to mixed sex changing cubicles from single sex spaces. That's happened recently and the photos on the adjacent walls lead you to believe you are in a single sex space.

I think M&S is leaving itself open to an indirect sex discrimination claim from women because only providing mixed sex changing rooms poses more of a risk to women then men because of the risk of sexual assault is higher for women. That is

Vogt · 05/09/2025 10:47

betterBeElwinNextIGuess · 05/09/2025 09:59

Exactly where they were before, because the EHRC does not and cannot change the law. (IANAL and wasn't following carefully what they do, but if they have fitting rooms that are in any way indicated to be for women, then they have to be for women and no men, otherwise they will be direct discrimination (against those men who are not allowed in) under the EA; if they claim only to provide mixed-sex fitting rooms, that may be legal, given that shops don't have to provide fitting rooms at all, or there might be a case to be made that it's indirect discrimination against women because the fitting rooms they do provide are more suitable for men, but personally I wouldn't hold my breath for getting that one sorted in court.)

I know the EHRC cannot change the law but what I was thinking of was M&S's move to mixed sex changing cubicles from single sex spaces. That's happened recently and the photos on the adjacent walls lead you to believe you are in a single sex space.

Charabanc · 05/09/2025 10:31

lcakethereforeIam · 05/09/2025 10:28

I think already transitioned men could also probably sue. Perhaps the FMs are hoping no-one will?

Also, of course, that would be admitting that they are not, actually, laydeez.

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Charabanc · 05/09/2025 10:30

lcakethereforeIam · 05/09/2025 10:28

I think already transitioned men could also probably sue. Perhaps the FMs are hoping no-one will?

I assume they could, on the grounds of discrimination of the protected characteristic of gender reassignment.

But they don't want to take on big boys, do they? Only the wimmins.

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