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Joint Statement: EHRC’s Code of Practice comes into effect.

  • Writer: Trans+ Solidarity Alliance
    Trans+ Solidarity Alliance
  • 1 hour ago
  • 4 min read

A joint statement from Trans+ Solidarity Alliance, Scottish Trans, and TransActual.


Today (August 5th 2026) the Equality and Human Rights Commission’s (EHRC) Code of Practice for Services, Public Functions and Associations officially comes into effect. 

This means that going forward, Courts and Tribunals are directed to take the Code into consideration wherever they think it is relevant to deciding discrimination cases. It will be widely relied upon by organisations to ensure they follow the law.


Today marks a massive step backwards. We now have Government-sanctioned guidance that places us totally out of step with how liberal democracies across the world approach upholding the equality and human rights of trans people, and which has been cautioned against by international human rights experts for months. 


The Code covers all aspects of the Equality Act 2010 across its nine protected characteristics, including gender reassignment (which covers trans people) and sex. It explains how the law works when organisations are providing services, for public bodies, and for associations of more than 25 people.


How it says that trans people should be treated has changed drastically from the previous version of the Code published in 2011, largely as a result of the Supreme Court ruling in April 2025 that “sex” in the Equality Act means “sex at birth”. Previously, the Code said that in single-sex or separate-sex services, trans people should generally be included in line with our gender identity, and that treating us less favourably or excluding us should only be done where this was a proportionate means of achieving a legitimate aim. 


Now, it says that:

  • single or separate-sex services must be provided on the basis of “sex at birth”, and cannot include trans people in line with our gender identity

  • trans people can also be excluded from single or separate-sex services in line with our “sex at birth” where we might cause “discomfort or distress” to others

  • services that operate a policy where they are only open to e.g. cis and trans women, or cis and trans men, are very likely to be unlawful

  • trans people can’t be left with no services at all where they are necessary (although the only example given is toilets), but generally recommends that we are segregated into third spaces and services away from others


If services across Britain all operate in this way going forward, it will cause serious and significant harm to trans people. We will not be able to access safe, appropriate services that reflect the reality of our lives and that meet our needs. This is indeed how we used to be treated, before a series of legal decisions throughout the 90s and 00s found that doing so caused us to face discrimination and breaches of our human rights. 


Many people believe that the EHRC has got the law wrong in the Code, and that it is still possible for services who wish to include trans people in line with who we truly are – of which there remain very many – to do so. If that’s the case, the Code should be urgently corrected.


However, if this Code is what the law truly requires, we believe the law must urgently be changed. It is completely untenable to have a legal framework that says that trans people can never use services, or more widely participate in public life, in line with who we truly are. It doesn’t make sense, is unjust, and will make many trans people’s lives very much worse. 


Whether the problem is the Code, or the problem is the law – something must be done. The Supreme Court ruling has turned the clock back nearly 30 years on legal protections for trans people. And it has turned on its head the UK Parliaments intentions when it passed both the Equality Act 2010, and the Gender Recognition Act 2004.


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What’s next


Mass Lobby

The Government wants this issue to go away. Now is the time to show them, we're not going anywhere. Join us for the Mass Lobby for Trans Equality on 9th September, 1-5pm. Parliament is just coming back from recess and it is a vital moment to meet your MP, look them in the eye and demand action. Sign up to take part now.


Monitoring

If you’re experiencing problems using the spaces and services you need, or finding that groups, clubs or associations you’re part of are changing their rules to exclude trans people, we want to hear about it. We will not stop making the case, in public or in private, that what is happening is wrong. And the more we can show people exactly what the impacts are, the more persuasive we can be.


Please use our friends TransActual’s simple monitoring form: https://transactual.org.uk/equality-act-campaign/gendered-space-tracker/ 


Need support?

We know that lots of people will be feeling worried and anxious about the direction in which things are heading. If you need to reach out and talk to someone, please do – there are lots of organisations that want to support you.


 
 
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