Britain's Equality and Human Rights Commission (EHRC) published a new code of practice on May 21, 2026, providing guidance that allows the exclusion of transgender people from single-sex spaces such as public toilets, hospital wards, domestic abuse refuges, schools, prisons, gyms, and sports facilities when necessary to protect privacy, dignity, or safety [1, 2, 3].

The code was laid before the UK Parliament on May 21 for a 40-day scrutiny period before it comes into force [1, 2, 3]. It replaces older guidance from 2011 and aims to balance rights by clarifying how legal protections under the Equality Act apply in practice, specifically following a Supreme Court ruling in April 2025 [1, 2, 3].

The Supreme Court ruled that the legal definition of “sex” under the Equality Act refers to biological sex. This means transgender women are legally male and transgender men legally female, a ruling that followed a legal challenge by campaign group For Women Scotland against the Scottish Government [1].

The new code permits proportionate restrictions on access to single-sex services based on biological sex where needed to achieve legitimate aims such as protecting privacy, dignity, and safety [1, 2, 3]. At the same time, it continues to recognise legal protections for transgender people under the characteristic of gender reassignment [1, 2, 3].

Bridget Phillipson, the Women and Equalities Minister, stated, "The new code of practice will help ensure that organisations have clear guidance regarding its implementation, protecting people’s rights across our country" [1]. The EHRC added that "this guidance reflects more than a decade of legal developments, including same-sex marriage and case law on disability and belief" [1].

Transgender rights groups have expressed concern that the guidance risks excluding transgender people from everyday life, while supporters argue clearer rules are needed to protect single-sex spaces [1, 3].

The 40-day parliamentary scrutiny period will end in late June 2026, after which the code is expected to take full effect.