EHRC deletes single-sex space guidance amid trans rights legal case

[IwantToRetire]

GUIDANCE alleged to have had a "devastating" impact on trans people has been removed by the Equality and Human Rights Commission (EHRC).

The interim guidance, which faces an ongoing legal challenge from Good Law Project (GLP), was published after the Supreme Court's ruling that "woman" and "sex" in the Equality Act 2010 refer to a biological woman and biological sex.

Just nine days after the ruling, the EHRC issued guidance stating that trans people could not use toilets which align with their acquired gender, but also that they could be excluded from using toilets which align with their birth sex if they look too much like the opposite gender.

It was removed on Wednesday, to be replaced by a statement which states: "The draft code was submitted to the Minister for Women and Equalities for approval on 4 September 2025. The next stage is for a draft code, as approved by her, to be laid before Parliament.

"On 15 October 2025, we [the EHRC] wrote to the minister to ask for: an update on that process; the revocation of the 2011 version of the code, as it is now out of date in various respects.

Full article at https://www.thenational.scot/news/25546244.ehrc-takes-devastating-guidance-trans-rights/ and at https://archive.is/XLlBG

Thread about EHRC letter at https://www.mumsnet.com/talk/womens_rights/5428082-ehrc-letter-to-minister-for-women-and-equalities-about-government-action-on-our-draft-code-of-practice

OK the page where the code is downloadable says it's 'now out of date in various respects', which is a little low-key. I would have preferred a skull-and-crossbones and a klaxon.....

The new draft has also been published, which is kind of a hint to ignore the 2011 code.

It has been withdrawn so cant be ignored.

They are saying only the 2011 code officially exists even though the Supreme Court ruling has made it void.

So its up to you companies etc., to just get individual advice.

(Is the EHRC thinking this will force the Government to do something as this leaves anyone able to say I'll follow the old guidance, or I'll follow the Supreme Court.)

The Government says they cant pass the EHRC recommendations as they haven't done an impact assessment.

Meanwhile the usual supects are celebrating.
https://www.thecanary.co/uk/analysis/2025/10/17/ehrc-takes-down-trans-interim-guidance/

It has been withdrawn so cant be ignored.

Did you mean the interim guidance can be ignored? But that was always true because it hadn't been approved by parliament (supposedly, Phillipson was annoyed at them for posting it).

Anyone who was inclined to follow the interim guidance is also free to follow the draft new code if they want to. Neither would give them any comfort though, unlike the approved version. If we ever get it 😠

also free to follow the draft new code if they want to

If they can find it!

How would you know what it is unless you had for some reason in the past downloaded it!

Just nine days after the ruling, the EHRC issued guidance stating that trans people could not use toilets which align with their acquired gender

THERE IS NO SUCH THING AS A TOILET WHICH MATCHES YOUR GENDER, ALL GENDERS ARE IMAGINARY, YOU EEJITS.

The proposed changes to the 2011 code are still live links on the consultation page. The website's a bugger, but I think it's all there...

Here's a snippet to prove I didn't dream it....

Yes but you have a motive.

A not very well informed organisations thinks wasn't there this court case, what are we meant to do. Someone says check on the EHRC web site, and they will go oh there's nothing there I must have misunderstood.

But may even see the letter to the Government and think oh I dont have to do anything yet as the Government hasn't approved it.

It is not published on the web site sectioned labeled as updates.

Why would anyone without a motive that some of us might have, think I will search the whole web site.

It not being in that section is totally the negating issue.

Yes, the website's atrocious. And everyone will carry as before because they might as well be hanged for a sheep as for a lamb. And not even that: more like being hanged for a sheep instead of a very very slightly smaller sheep. And everything will be delayed and delayed by politicking and then maybe get watered down. I'm beginning to despair. No-one in power is actively on our side.

Yes and no (and I'm just as frustrated as you are btw) People are talking about it now and in the end, they do have the power. Darlington nurses and Graham Linehan and Sandie Peggie are cutting through far more outside the bubble of the 8% of people who are so-called 'progressive activists' So, ironically are the demonstrations and the charmers who were threatening to relieve themselves on the floor and vandalising buildings. I'm down in the South West, in an area which isn't political at all, and the dog walkers have been talking about it and they are NOT happy. Even the confirmed Lib Dems aren't happy about the lack of debate at the Conference. I've been stirring happily by telling them about the dafter bits of the Sandie Peggie tribunal, and my day was made by the retired midwife who said that in 40 years she'd never seen a baby she couldn't identify right away. Imagine steam coming out of her ears...

They are fighting back, of course they are. They've lied and snided (is that a word? If not it ought to be) all the way through. Maybe it's in their DNA? I'm not a doctor so I wouldn't know, but the tide is turning.

On the ground, this is why the nonsense occurs.

Stating that people should be permitted to use single sex provision in line with their gender is as meaningful as saying a conference is open to researchers who have published peer reviewed papers and people who regard themselves as intellectual.

Leaving aside activists and those who are on top of the issues, most organisations, having been told that sex and gender identity should be understood as being synonymous, will continue to do so unless told otherwise. This will not help them in any way if they face a legal challenge, and they are foolish to do so, but I think that’s where they are.