London Daily

Focus on the big picture.
Friday, Jan 23, 2026

Trans people can be excluded from single-sex services if ‘justifiable’, says EHRC

Trans people can be excluded from single-sex services if ‘justifiable’, says EHRC

UK government’s equalities watchdog says justifications could include reasons of privacy or health and safety
Transgender people can be legitimately excluded from single-sex services if the reasons are “justifiable and proportionate”, the government’s equalities watchdog has said.

Guidance from the Equality and Human Rights Commission says that the justification could be for reasons of privacy, decency, to prevent trauma or to ensure health and safety.

The body also advises that people who hold gender recognition certificates can be excluded from a separate or single-sex space as long as it is a “proportionate means of achieving a legitimate aim”.

It follows an intense debate over whether trans women should be given automatic access to single-sex spaces such as housing shelters, toilets, prisons and changing rooms. Most recently, there has been a debate over the participation of trans women in women’s sports.

The guidance, published on Monday, is intended to be a practical guide to help organisations such as hospitals, retailers, hospitality and sports clubs implement policies that are legal and balance the needs of different groups.

According to the EHRC: “[The guidance] advises organisations such as hospitals, retailers, hospitality and sports clubs to put in place policies that are both legal and balance the needs of different groups. The guidance confirms that service providers wishing to limit services to a single sex are legally able to do so, provided the reasons are justified and proportionate.”

The EHRC says there “are circumstances where a lawfully established separate or single-sex service provider can exclude, modify or limit access to their service for trans people”.

The guidance, which applies to England, Scotland and Wales, advises service providers offering single-sex services to “consider your approach to trans people’s use of the service”, the nature of the service and the reason a separate or single-sex service is needed. “You must then show that your action is a proportionate way to achieve that aim,” the guidance says.

Maya Forstater, executive director of the campaign group Sex Matters, welcomed the guidance as “a big step forward”. She said: “It recognises that everyone’s rights need to be balanced, and often the way to do this is with a policy based on biological sex, expressed clearly and simply.

“The new guidance provides examples of how trans people can be included without undermining other people’s dignity and privacy (for example with ‘gender-neutral’ options), and says that everyone should be treated with respect.”

A spokesperson for the LGBT+ rights organisation Stonewall said the guidance appeared to undermine the Equality Act 2010 and to go out of its way to justify the exclusion of trans women.

“Far from clarifying how the single-sex exemptions in the Equality Act should be used, the EHRC’s latest non-statutory guidance is likely to create more confusion. It appears to go against the core presumption of the act, which is that inclusion should be the starting point, and shifts the focus towards reasons trans people, and specifically trans women, can be excluded.

“The examples appear to encourage blanket bans, rather than by a case-by-case decision-making, and cover restricting access to day-to-day settings like bathrooms and gym classes, which is extraordinary. This leaves more, not less confusion, and more, not less, risk of illegal discrimination,” the spokesperson said.

Examples of single-sex services and legitimate justifications given in the guidance include wards in hospitals and nursing homes where “users need special care, supervision or attention”, or separate male and female changing rooms where “a woman might reasonably object to the presence of a man”.

Group counselling sessions for female sexual assault victims where it is believed the victims are “likely to be traumatised by the presence of a person who is biologically male” is also offered as a legitimate use of a single-sex space.

Trans women could also be excluded from a domestic abuse refuge offering emergency accommodation if residents “feel uncomfortable sharing accommodation … for reasons of trauma and safety”. The provider should compile a list of alternative sources of support, it is suggested.

Leisure centres should be able to exclude trans women from female-only fitness classes, the guidance says.

The EHRC also gives an example of a community centre with male and female toilets whose users say they “would not use the centre if the toilets were open to members of the opposite biological sex, for reasons of privacy and dignity or because of their religious belief”.

The guidance applied whether or not the individual had a gender recognition certificate to show they had legally changed gender, the equalities watchdog said. “[Service providers] do not need personal information such as a gender recognition certificate to make a decision. You only need to decide if your action is a proportionate means of achieving a legitimate aim,” it said.

Kishwer Falkner, the chair of the EHRC, said: “Our mission at the EHRC is to protect the rights of everyone and ensure that people across Britain are treated fairly. There is no place for discrimination against anyone based on their sex or gender reassignment.

“Where rights between groups compete, our duty as an independent regulator is to help providers of services and others to balance the needs of different users in line with the law.

“Organisations are legally allowed to restrict services to a single sex in some circumstances. But they need help to navigate this sensitive area. That is why we have published this guidance – to clarify the law and uphold everyone’s rights.”
Newsletter

Related Articles

0:00
0:00
Close
Trump Reverses Course and Criticises UK-Mauritius Chagos Islands Agreement
Elizabeth Hurley Tells UK Court of ‘Brutal’ Invasion of Privacy in Phone Hacking Case
UK Bond Yields Climb as Report Fuels Speculation Over Andy Burnham’s Return to Parliament
America’s Venezuela Oil Grip Meets China’s Demand: Market Power, Legal Shockwaves, and the New Rules of Energy Leverage
TikTok’s U.S. Escape Plan: National Security Firewall or Political Theater With a Price Tag?
Trump’s Board of Peace: Breakthrough Diplomacy or a Hostile Takeover of Global Order?
Trump’s Board of Peace: Breakthrough Diplomacy or a Hostile Takeover of Global Order?
The Greenland Gambit: Economic Genius or Political Farce?
The Greenland Gambit: Economic Genius or Political Farce?
The Greenland Gambit: Economic Genius or Political Farce?
Will AI Finally Make Blue-Collar Workers Rich—or Is This Just Elite Tech Spin?
Prince William to Make Official Visit to Saudi Arabia in February
Prince Harry Breaks Down in London Court, Says UK Tabloids Have Made Meghan Markle’s Life ‘Absolute Misery’
Malin + Goetz UK Business Enters Administration, All Stores Close
EU and UK Reject Trump’s Greenland-Linked Tariff Threats and Pledge Unified Response
UK Deepfake Crackdown Puts Intense Pressure on Musk’s Grok AI After Surge in Non-Consensual Explicit Images
Prince Harry Becomes Emotional in London Court, Invokes Memory of Princess Diana in Testimony Against UK Tabloids
UK Inflation Rises Unexpectedly but Interest Rate Cuts Still Seen as Likely
AI vs Work: The Battle Over Who Controls the Future of Labor
Buying an Ally’s Territory: Strategic Genius or Geopolitical Breakdown?
AI Everywhere: Power, Money, War, and the Race to Control the Future
Trump vs the World Order: Disruption Genius or Global Arsonist?
Trump vs the World Order: Disruption Genius or Global Arsonist?
Trump vs the World Order: Disruption Genius or Global Arsonist?
Trump vs the World Order: Disruption Genius or Global Arsonist?
Arctic Power Grab: Security Chessboard or Climate Crime Scene?
Starmer Steps Back from Trump’s ‘Board of Peace’ Amid Strained US–UK Relations
Prince Harry’s Lawyer Tells UK Court Daily Mail Was Complicit in Unlawful Privacy Invasions
UK Government Approves China’s ‘Mega Embassy’ in London Amid Debate Over Security and Diplomacy
Trump Cites UK’s Chagos Islands Sovereignty Shift as Justification for Pursuing Greenland Acquisition
UK Government Weighs Australia-Style Social Media Ban for Under-Sixteens Amid Rising Concern Over Online Harm
Trump Aides Say U.S. Has Discussed Offering Asylum to British Jews Amid Growing Antisemitism Concerns
UK Seeks Diplomatic De-escalation with Trump Over Greenland Tariff Threat
Prince Harry Returns to London as High Court Trial Begins Over Alleged Illegal Tabloid Snooping
High-Speed Train Collision in Southern Spain Kills at Least Twenty-One and Injures Scores
Meghan Markle May Return to the U.K. This Summer as Security Review Advances
Trump’s Greenland Tariff Threat Sparks EU Response and Risks Deep Transatlantic Rift
Prince Harry’s High Court Battle With Daily Mail Publisher Begins in London
Trump’s Tariff Escalation Presents Complex Challenges for the UK Economy
UK Prime Minister Starmer Rebukes Trump’s Greenland Tariff Strategy as Transatlantic Tensions Rise
Prince Harry’s Last Press Case in UK Court Signals Potential Turning Point in Media and Royal Relations
OpenAI to Begin Advertising in ChatGPT in Strategic Shift to New Revenue Model
GDP Growth Remains the Most Telling Barometer of Britain’s Economic Health
Prince William and Kate Middleton Stay Away as Prince Harry Visits London Amid Lingering Rift
Britain Braces for Colder Weather and Snow Risk as Temperatures Set to Plunge
Mass Protests Erupt as UK Nears Decision on China’s ‘Mega Embassy’ in London
Prince Harry to Return to UK to Testify in High-Profile Media Trial Against Associated Newspapers
Keir Starmer Rejects Trump’s Greenland Tariff Threat as ‘Completely Wrong’
Trump to hit Europe with 10% tariffs until Greenland deal is agreed
Prince Harry Returns to UK High Court as Final Privacy Trial Against Daily Mail Publisher Begins
×