Toilets and changing rooms must be used on basis of biological sex, guidance confirms

Single-sex spaces - such as changing rooms and toilets - must be used on the basis of biological sex, new guidance from the equalities watchdog has confirmed. This means, for instance, that a trans woman - a biological male who identifies as a woman - should not use female toilets or changing rooms, according to the code of practice. The guidance, produced by the Equalities and Human Rights Commission (EHRC) and now approved by ministers, makes it clear that transgender people should instead be offered a third or a gender-neutral space. The code states that leaving a trans person without access to any services or facilities would be unlikely to be proportionate and could be discriminatory. The guidance was published on Thursday following the landmark Supreme Court ruling last year that the definition of a woman under the Equality Act should be based on biological sex. The code of practice sets out how associations, businesses and services open to the public should organise their facilities. It covers a wide range of settings from shopping centres and gyms to hospitals and restaurants. The EHRC is planning to publish guidance for employers and staff facilities at a later date. With

May 21, 2026 → May 22, 2026