EHRC code on single sex spaces comes into force on 5th August 2026

The idea that transgender women are simply "men in women's toilets" ignores both the reality of transgender people's lives and the evidence. Transgender women are women. They are not pretending, and they are not entering women's spaces to cause harm. Like everyone else, they are usually just trying to use the toilet, wash their hands, and get on with their day.
Everyone deserves to feel safe in public spaces. That includes cisgender women, transgender women, and anyone else using those facilities. If someone harasses, assaults, or intimidates another person in a toilet, that behaviour is already illegal and should be dealt with regardless of that person's gender identity.
Policies should be based on evidence, not fear or stereotypes. There is no good evidence that allowing transgender women to use women's toilets leads to an increase in sexual assault or predatory behaviour. Conflating transgender women with predators unfairly stigmatises an entire group of people for the actions of criminals who already ignore the law.
You don't have to fully understand what it means to be transgender to treat people with dignity and respect. Disagreeing with someone's identity should never be an excuse to deny their humanity or portray them as a threat without evidence. We should be able to discuss safety seriously while also recognizing that transgender people deserve the same respect, privacy, and protection as everyone else.

Transpeople can still use the loo. Either the one for their sex or a unisex one

You say " who are women, fyi".
Please could you inform us how this works, since it is obviously nothing to do with being female if it can apply to people born male.

The biggest threats to women are male human beings. It does not matter whether these male human beings call themselves Isla or Adam.

Just in case you haven’t noticed, transwmen are male human beings.

Wow, and thats the end of mumsnet for me. Transwomen are not men. Women are battered by men daily!!!! This is what we should be fighting not other women. This sort of behaviour is abhorrent. Transpeople should be able to use the loo. What do you care which loo. Its not like we share cubicles

Its all men including transwomen who are men

Is this thread real, have I followed it correctly. Do people really think the biggest threat to women is transwomen (who are women fyi) in a cubicle??? Genuinely interested

This did not work as a defence in court.

I don't think it's right to say following the code of practice provides a defence to a conntravention of the Equality Act 2010.

The Equlity Act 2006, which is the statutory basis for the EHRC, says that a code of practice (written by the EHRC and approved by Parliament etc. etc.) shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant - nothing stronger than that.

To my mind that means that could affect how a court or tribunal views damages and awards; it can't weigh on whether a contravention of the act was done or not.

One might also note that the CoP is carefully worded not to say you "must" or "must not". You will find a lot of "is likely to" and "is unlikely to", instead. It's important the the CoP doesn't appear to give the final word - that is reserved for the Act.

The 2010 version of the code tries to make this clear. I think the new one will do so too.

I think she made a good point about the social contract and people policing others, like drink driving etc.

That’s great. Every organisation will need to be doing this.

Aimsandobjectives, you are so wrong. Public opinion hasn't suddenly "turned". Women have never, ever wanted men in their safe spaces but until recently, to voice any objection would mean a total lack of support from the male community, cancellation and death threats. We can now voice our concerns with the law behind us I hope.

Erm, I don't think its us women "appropriating" feminism.

I work in which appears to be publicly very captured.

However, senior management have woken up to the number of costly court cases and are quietly working behind the scenes to ensure compliance with the law.

Statutory guidance provides guidance on how to follow an Act, it never takes precedent over the Act itself. If it contradicts the Act then in all circumstances the Act must be followed. The SC, and other courts have found the 2011 guidance to be wrong. Given the level of publicity over the SC ruling you would be hard to argue you didn’t know about. But even if you didn’t the Act still applies, though you might be able to argue mitigation in damages.

The interim guidance was withdrawn. Following the 2011 guidance provides a defence if taken to court. That's the whole point of it being approved by the SoS & laid before parliament. It's statutory guidance to be read alongside the Equality Act. If the guidance carried no weight then we wouldn't have had all the hoo ha about getting it approved.

But the guidance does not overrule the Equality Act or the SC ruling, or the rulings of lower courts on self ID.

And given the level of publicity plus interim guidance it would not be a strong defence.

The interim guidance was withdrawn. The 2011 guidance is what is in force.

Service providers.

Maybe silly question but isn’t the guidance that comes into line on 5th August about service users not employees. Obviously the SC ruling had an impact on both but with regards to ETs the legislation EA10 and health and safety regs would be what is argued about not this particular guidance. It’s all very confusing.

But the guidance never overrules the legislation, statutory or not. And given the level of publicity plus interim guidance it would not be a strong defence.

This thread has motivated me to complain to a council about a recent encounter I had in a Ladies Public Toilet and to point out that their signage needs to be much, much clearer.

So following old guidance would put you at risk of litigation

Following the guidance is a defence at an ET. The guidance is statutory so if you follow it you should not be at risk of litigation. The fact that the guidance has been wrong since 2011 is a big part of the current problem as it pre-dates Stonewall Law. The new guidance supersedes the old guidance but not until 5t August.

The law to which it relates has been in force since 2010 and was clarified in Easter last year concerning GRC (and repeatedly before that for years regarding self ID). So following old guidance would put you at risk of litigation

Really good read. Thank you.. Let's see if those who say they fight to reduce violence against women and girls stand up for our safe spaces.