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Feminism: Sex and gender discussions

EHRC Code of Practice on Services, Public Functions and Associations has been laid - here is the Code itself

386 replies

SingleSexSpacesInSchools · 21/05/2026 16:37

Written Statement made by: Secretary of State for Education and Minister for
Women and Equalities (Bridget Phillipson) on 21 May 2026:

https://commonsbusiness.parliament.uk/Document/105423/Pdf?subType=Standard

I have approved the draft Code submitted on 4 September 2025 and as updated by the EHRC in April 2026 following engagement with government and their consideration of consultation responses and further legal analysis.
The current Code was produced in 2011 and there have been significant developments since then, including the Supreme Court ruling in For Women Scotland, resulting in the EHRC wanting to update the Code.
Following last year’s Supreme Court ruling, the draft Code’s content on sex and gender reassignment has changed substantially from the 2011 version. The ruling made it clear that sex means biological sex for the purposes of the Equality Act 2010 and that trans people are still protected by the Act under the protected characteristic of ‘gender reassignment’.

The Code of Practice on Services, Public Functions and Associations itself:

https://www.gov.uk/government/publications/equality-act-2010-draft-code-of-practice-for-services-public-functions-and-associations-2026

Equality Act 2010: Draft Code of Practice for services, public functions and associations, 2026

The Equality and Human Rights Commission's draft updated Code of Practice for services, public functions and associations.

https://www.gov.uk/government/publications/equality-act-2010-draft-code-of-practice-for-services-public-functions-and-associations-2026

OP posts:
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32
OpheliaWitchoftheWoods · 21/05/2026 18:13

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BridgetPhillipsonIsACowardlyJobsworth · 21/05/2026 18:09

Ereshkigalangcleg · 21/05/2026 18:05

I was thinking similar

So Bridget taking soooo long to "clarify" the guidance, in order to ensure that certain subsections are as clear as mud.

Thanks Bridge, maybe won't be name changing as soon as I thought!

OpheliaWitchoftheWoods · 21/05/2026 18:09

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lornad00m · 21/05/2026 18:07

Oh they're going to love that. Does that mean they'll be eligible for PIP?

BridgetPhillipsonIsACowardlyJobsworth · 21/05/2026 18:06

womendeserveequalhumanrights · 21/05/2026 18:03

Hopefully everyone will see sense and have employment T&Cs and also service provision agreements that require employees / users of a service to use designated spaces according to sex and/or mixed sex options. So then the onus is on the individual not to break those rules deliberately and they can be sanctioned if they do break the rules just as they can be sanctioned for breaching any other T&Cs e.g. exhibiting antisocial behaviour (which is what using wrong sex spaces is).

Yes, hopefully. I think I understand that.
...What could possibly go wrong?😬

Ereshkigalangcleg · 21/05/2026 18:05

SirChenjins · 21/05/2026 18:03

Was it their intention to create so much confusion and lack of clarity in order to build in delays and retain the status quo, i.e that every case has to go to court and then onto the appeal court and no-one has a clue what's happening?

I was thinking similar

Ereshkigalangcleg · 21/05/2026 18:05

misscockerspaniel · 21/05/2026 18:03

Who has used the term “chairwoman” since 1989?

BridgetPhillipsonIsACowardlyJobsworth · 21/05/2026 18:05

SirChenjins · 21/05/2026 18:03

Was it their intention to create so much confusion and lack of clarity in order to build in delays and retain the status quo, i.e that every case has to go to court and then onto the appeal court and no-one has a clue what's happening?

Well, if it wasn't their intention, it's doing a very good imitation of it!

EasternStandard · 21/05/2026 18:04

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This has been withdrawn by MNHQ at the poster's request.

What is this? If someone says I don’t have any proof of ID then what?

SirChenjins · 21/05/2026 18:03

Was it their intention to create so much confusion and lack of clarity in order to build in delays and retain the status quo, i.e that every case has to go to court and then onto the appeal court and no-one has a clue what's happening?

womendeserveequalhumanrights · 21/05/2026 18:03

BridgetPhillipsonIsACowardlyJobsworth · 21/05/2026 17:58

Therefore, it is unlikely to be proportionate or practical to ask for further evidence of a person’s sex. In such circumstances, it is likely to be necessary to weigh up the relevant factors to decide whether to exclude the individual from the service or association or to permit them to continue to access it.

Placing the burden on the service provider to say yes or no? How many are going to do that with an angry, aggressive, large male in front of them?

They'll just cave, admit them, and force the burden onto women, who will have to take legal action.

Am I reading this correctly?

Hopefully everyone will see sense and have employment T&Cs and also service provision agreements that require employees / users of a service to use designated spaces according to sex and/or mixed sex options. So then the onus is on the individual not to break those rules deliberately and they can be sanctioned if they do break the rules just as they can be sanctioned for breaching any other T&Cs e.g. exhibiting antisocial behaviour (which is what using wrong sex spaces is).

MyFellowScroller · 21/05/2026 18:02

I shall be interested in how we that is you experts think it will affect the Hampstead Ponds muddle.

IwantToRetire · 21/05/2026 18:02

BridgetPhillipsonIsACowardlyJobsworth · 21/05/2026 17:58

Therefore, it is unlikely to be proportionate or practical to ask for further evidence of a person’s sex. In such circumstances, it is likely to be necessary to weigh up the relevant factors to decide whether to exclude the individual from the service or association or to permit them to continue to access it.

Placing the burden on the service provider to say yes or no? How many are going to do that with an angry, aggressive, large male in front of them?

They'll just cave, admit them, and force the burden onto women, who will have to take legal action.

Am I reading this correctly?

Surely in terms of what has happened in the past, and the number of organisations that fell victim to Stonewall "guidelines" there needs to be some directive that makes it clear it isn't dependent on service providers enforcing this right to same sex services, but people who try to decieve their way into same sex services that is not their sex, they would be liable to be prosecuted for false representation.

I doubt Labour would do this, but this is the reality because for so long Stonewall law was pushed as the law.

rebax · 21/05/2026 18:02

BridgetPhillipsonIsACowardlyJobsworth · 21/05/2026 17:58

Therefore, it is unlikely to be proportionate or practical to ask for further evidence of a person’s sex. In such circumstances, it is likely to be necessary to weigh up the relevant factors to decide whether to exclude the individual from the service or association or to permit them to continue to access it.

Placing the burden on the service provider to say yes or no? How many are going to do that with an angry, aggressive, large male in front of them?

They'll just cave, admit them, and force the burden onto women, who will have to take legal action.

Am I reading this correctly?

The underlying problem being other rules which allow sex markers to be changed eg on birth certificates.

Mmmnotsure · 21/05/2026 18:01

Notsureifthiswillhelp · 21/05/2026 17:38

Here's the screenshot and onto the following page...

Hmmm. The guidance is referring to the transwoman as ‘she’.

Hundreds of pages to address the fact that women shouldn’t have to undress in front of men, etc.

womendeserveequalhumanrights · 21/05/2026 17:59

Peregrina · 21/05/2026 17:18

My guess would be that a firm like Leonardo which is bloke heavy and may have more trans identifying men than women might get away with this argument.

I cannot see how the NHS with a heavy preponderence of women workers and the odd handful of trans identifying men would possibly get away with trying this one on. But, being as captured as the NHS is, I wouldn't bet on it.

Isn't that basically the result in LS vs NHS - that having mixed sex by stealth / NHS trans policy was discriminatory against women not least because so many women would be excluded because of it. I seem to recall they actually quantified the numbers? The claimant had both pcs of sex and religion.

In the public sector for the vast majority it'll never be proportionate to get rid of single sex spaces (truly single sex) because of the extremely large number of people (women - 51% of the population plus those holding a belief that means they need single sex) who will always need single sex.

BridgetPhillipsonIsACowardlyJobsworth · 21/05/2026 17:58

This reply has been deleted

This has been withdrawn by MNHQ at the poster's request.

Therefore, it is unlikely to be proportionate or practical to ask for further evidence of a person’s sex. In such circumstances, it is likely to be necessary to weigh up the relevant factors to decide whether to exclude the individual from the service or association or to permit them to continue to access it.

Placing the burden on the service provider to say yes or no? How many are going to do that with an angry, aggressive, large male in front of them?

They'll just cave, admit them, and force the burden onto women, who will have to take legal action.

Am I reading this correctly?

IwantToRetire · 21/05/2026 17:58

BridgetPhillipsonIsACowardlyJobsworth · 21/05/2026 17:53

Yes, I'm confused about this, too.

Presumably that it will be based on birth sex and the Supreme Court ruling makes it clear that within the Act sex is biological.

Not knowing of having any idea of who Pete the Plumer is, but assuming he identifies as female, he would be entitled to make a complaint based on his gender reassingment (assuming he can show this as a fact - not a fleeting fancy).

So if he has been a sexist shit a woman could complain that that it was discrimination on the basis of sex.

EasternStandard · 21/05/2026 17:57

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This has been withdrawn by MNHQ at the poster's request.

It seems to be saying we don’t know you figure it out.

Helleofabore · 21/05/2026 17:54

Helleofabore · 21/05/2026 17:47

p 267

Separate or single-sex services – gender reassignment

13.142 If a service provider (including a person providing a service in the exercise of public functions) is considering providing a separate or single-sex service, they should consider their approach to trans people’s use of the service.

13.143 The impact of separate or single-sex services on trans people should be
considered when the service provider is deciding whether it is justified to have
a separate or single-sex service. Read paragraphs 13.120 to 13.133 for further
information on this.

13.144 If a service provider (including a person providing a service in the exercise of public functions) decides to have a separate or single-sex service and allows trans people to use the service intended for the opposite sex, the service will no longer be a separate or single-sex service under the Equality Act 2010 (the Act). It is also very likely to amount to unlawful discrimination against others (read paragraph 13.131). It is possible to offer a mixed-sex service alongside a single-sex service. A mixed-sex service must be open to all service users.

13.145 If it is justified to provide a separate or single-sex service, then it will not be unlawful discrimination because of gender reassignment to prevent, limit
or modify trans people’s access to the service for their own sex, as long as
doing so is a proportionate means of achieving a legitimate aim (schedule 3,
paragraph 28).

13.146 For example, a trans man might be excluded from the women-only service if the service provider decides that, because he presents as a man, other service users could reasonably object to his presence, and excluding him is a proportionate means of achieving a legitimate aim.

13.147 A legitimate aim for excluding a trans person from a separate or single-sex service for their own sex might be to prevent discomfort or distress for other
service users. Service providers should consider whether other service users
could reasonably object because they are worried about sharing a single or
separate-sex service with someone who appears to be of the opposite sex.
That will depend on all the circumstances, including the nature of the service
in question and the extent to which the trans person presents as the opposite
sex. For this reason, a service provider (including a person providing a service
in the exercise of public functions) should only consider doing this on a case-
by-case basis.

13.148 The service provider should consider whether there is a suitable alternative service for the trans person to use. In the case of services which are
necessary for everybody, such as toilets, it is very unlikely to be proportionate
to put a trans person in a position where there is no service that they are
allowed to use.

13.149 If the service provider does not act proportionately, this is very likely to
amount to direct or indirect discrimination because of gender reassignment
(section 13 and section 19

adding examples

13.150 Group counselling sessions are provided for female survivors of domestic violence. The service provider excludes a trans man from the sessions
because they consider he is likely to be perceived as a man and the service
provider is concerned that women service users could reasonably be
worried or distressed by the presence of someone they perceive to be a man
using the service.

The service provider’s decision to exclude the trans man from the service
could amount to direct gender reassignment discrimination because he
has been treated less favourably than a woman without the protected
characteristic of gender reassignment. However, in this situation the service
provider is likely to be able to rely on the exception from liability explained
in paragraph 13.145, because the decision to exclude the trans man was
proportionate.

Example
13.151 A trans man attends a gym frequently and uses the women’s changing
room, consistent with his sex. If the gym owner decides that he can no
longer use the women’s changing room and there is no other changing room
he can use, this may be a disproportionate decision. If it is disproportionate,
the gym owner will not be able to rely on the exception for gender
reassignment discrimination (schedule 3, paragraph 28). The trans man will
be able to bring a complaint of direct gender reassignment discrimination,
because he has been treated less favourably than a woman who does not
have the protected characteristic of gender reassignment.

13.152 If the nature of a service means that it is only, or generally, used by women or by men, this does not mean that it is necessarily a separate or single-sex service under the Act. A service like this does not need to operate according
to the rules and principles described in paragraphs 13.99 to 13.151. However,
the Act (schedule 3, paragraph 30) contains a different exception which
means that, in services of this sort, it will not be unlawful discrimination if
the service provider refuses to serve a person of the opposite sex, if it would
be impracticable to provide the service to that person. The service provider
can also refuse to adjust the way in which the service is provided to meet the
needs of a person of the opposite sex. This exception applies to all protected
characteristics in the Act, not just sex.

Example

13.153 A hospital provides an Obstetrics and Gynaecology (OBGYN) outpatient
service. Only women and trans men need to use the service. The hospital
provides the service to women and trans men in a way which preserves
all users’ privacy and dignity. Where that is the case, it is unlikely to be
proportionate to exclude a trans man because of objections from female
service users.

The outpatient service does not offer any treatment which is suitable for a
man or a trans woman and therefore can refuse to treat them. The hospital
can also refuse to adjust the way in which it provides the service.

BridgetPhillipsonIsACowardlyJobsworth · 21/05/2026 17:54

Helleofabore · 21/05/2026 17:49

By the way, I am copying and pasting for anyone who doesn't want to go through the pdf document.

BUT also for future finding the information and ease of copying to answer questions or support the usual arguments.

Thank you for that, will be useful in future.

IwantToRetire · 21/05/2026 17:54

Being discussed now on BBC PM with, so far, the dreadful trans ally, Evan Davis being quite low key.

Didn't hear the whole segment but the woman presenting the info said (because he asked) that trans women should not use women's toilets.

Just saying this as when has this ever been said on the BBC by a BBC presenter!

BridgetPhillipsonIsACowardlyJobsworth · 21/05/2026 17:53

WallaceinAnderland · 21/05/2026 17:06

A comparator for the purposes of showing sex discrimination will be a
person of the opposite sex.

Wait, how does Pete the plumber fit into this then?

Yes, I'm confused about this, too.

OpheliaWitchoftheWoods · 21/05/2026 17:49

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This has been withdrawn by MNHQ at the poster's request.

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