OldCrone A lot of the guidance was changed last year after Fair Play for Women highlighted to EHRC that they were misrepresenting the EqA. However, they did so on the quiet and in an obscure manner, so many people are unaware.
They simply deleted for instance the bit about a man should be treated as his preferred gender under all circumstances or that men identifying as trans could only be excluded on a case-by-case basis.
Now they've made it well, not clear, but they did publish a statement saying that unless a man is legally female, he is to be treated as all other men as regards any women-only things.
What that means in practice is that if you want to put on a women-only workshop, something that is widely accepted as legitimate, then you can turn away all the males without a GRC including the non-binary men, the agenders, two spirits, the l-identify-as-a-woman-today blokes without needing any more explanation than the one all other men are entitled to - which is, no sorry, this is a women-only workshop.
Excluding GRC-holders is trickier, even though according to the EqA we have every right to do so because of and through the sex-based exemptions. I mean, that is literally the point of these and why they are called sex-based. Because the law recognises that a man who is legally female continues to be biologically male.
The law doesn't say anything about only being able to exclude on a case-by-case basis, but the guidance does. Case-by-case makes no sense - either women are entitled to women-only things or we are not. Case-by-case basis implies that we are not and that there are GRC-holders who can never be excluded even if their sex of course never changes.
I say it's trickier because if you're trying to actually exclude GRC-holders, no one can figure out how to do that outside of public bodies, companies or organisations.
So you can always try to play it safe and instead include GRC-holders and those who for all intents and purposes pass (as per the EHRC guidance). That's what the recent Audacious Women Festival in Edinburgh did. But trans privilege activists supported by Glasgow Women's Library and Edinburgh Rape Crisis tried to boycott and sabotage them anyway. Because no man must ever be excluded, no matter his legal status or actual presentation.