0h 7min, may 21, 2026 y - EHRC Guidance on Biological Sex

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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, external 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.

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