"It is therefore likely to be lawful for a sporting body or organisation to adopt a trans exclusive policy in relation to gender-based sporting competition where they can evidence that it is necessary to do so in order to secure fair competition or the safety of competitors. This understanding of the law has not altered following the Court of Session's decision in For Women Scotland and other sporting bodies agree with this interpretation.
We reached out to UK Athletics and offered to discuss the legal advice underpinning their statement. We are disappointed that they have chosen to publicise their inaccurate advice and we would urge all organisations to consult our website which explains equality law and how it relates to these issues."
Original statement by UKA not legally accurate and EHRC has corrected them. It has always been possible to exclude by sex and by 'gender activity' which is also defined by sex.
“A gender-affected activity is a sport, game or other activity of a competitive nature in circumstances in which the physical strength, stamina or physique of average persons of one sex would put them at a disadvantage compared to average persons of the other sex as competitors in events involving the activity”.