UK Equality and Human Rights Commission gender guidance is discriminatory to Trans community says ReportOUT
- ReportOUT
- May 28
- 2 min read
ReportOUT has called out the new guidance on the UK Equality Act for being discriminatory to the Trans community, warning that “enforcing access to necessary spaces based on ‘biological sex’ can pressure people to disclose private information or even expose transgender people to hostile confrontation.”
ReportOUT statement:
As of May 2026, the Equality and Human Rights Commission (EHRC), released an updated code of practice, offering guidance in relation to the application of all aspects of the Equality Act in society. This update comes at great interest to many, as it refers to past rulings about same sex spaces.
Last year, the supreme court ruled that the legal definition of a woman is based solely on biological sex. The updated code reinforces this idea, as the update describes that it is not unlawful to exclude a Trans person from a single sex service for their own biological sex, as long as doing so is a proportionate means of achieving a legitimate aim.
Enforcing access to necessary spaces based on ‘biological sex’ can pressure people to disclose private information or even expose transgender people to hostile confrontation. This update could increase stigma, discrimination and hostility towards transgender people.
The guidance clearly states that transgender individuals can be lawfully excluded from areas such as toilets or changing rooms, if it can be justified as ‘proportionate’, demonstrating an exclusion of transgender people from ordinary public life.
Enforcing access to necessary spaces based on ‘biological sex’ can pressure people to disclose private information or even expose transgender people to hostile confrontation. This update could increase stigma, discrimination and hostility towards transgender people.
ReportOUT continue to uplift and support transgender individuals in all aspects of their life, for a better, safer world, and will continue to document this code as it goes through Parliament.
For more information please see the Stonewall statement.
