Leaked EHRC guidance suggests trans people could be banned from single-sex spaces based on appearance
Trans people in the UK could be banned from single-sex spaces based on their appearance, according to a leaked document.
On 19 November, The Times reported that the Equality and Human Rights Commission (EHRC) drafted new guidance for ministers nearly three months ago, aimed at “preserv[ing] the dignity and safety of women.” The guidance has not yet been published by Bridget Phillipson, the Minister for Women and Equalities.
A copy obtained by The Times revealed that “places such as hospital wards, gyms and leisure centres” may question trans women over their use of single-sex services based on “how they look, their behaviour or concerns raised by others.”
If there is uncertainty about an individual’s gender identity, they could be prohibited from accessing these services once those in charge have taken into account “relevant factors.”
In response to the leak, Trans+Solidarity Alliance founder Jude Guaitamacchi called on the government to reject the guidance.
“These leaks reveal that not only does the EHRC’s proposed code of practice seek to require trans exclusion, it instructs service providers to police this based on appearance and gender stereotypes,” Guaitamacchi said, per The Independent.
“This is a misogynist’s charter, plain and simple, and the government must reject it.”
A spokesperson for the TransActual organisation echoed similar sentiments in a separate statement.
“Astonishingly, the UK’s ‘human rights watchdog’ is attempting to mandate that staff at cinemas, hospitals, bars and cafes must try and judge whether users are trans or not based on appearance alone. This is a license to discriminate based on looks, plain and simple,” they said.
“We’ve seen this before – people trying to make our society into a place that is only safe for ‘normal’ ladies. Not just loos. But sports centres, changing rooms and more.
“We offer our solidarity to the many cis women who have been targeted and harassed for their appearance by ‘gender critical activists’ who believed they were trans, and who would be put even further at risk by these rules.”
Children’s Minister Josh MacAlister also addressed the “big implications” the new guidance can have on individuals during an interview with Times Radio.
“These are massive issues and I think that the public, now looking at the draft guidance from the EHRC, will recognise that when you drill down into examples of how this might be applied, it has big implications for individuals, it has big implications and public services,” he said.
The leaked guidance follows an April 2025 Supreme Court ruling that defined “woman” and “sex” in the Equality Act as referring to biological sex, a decision that allows organisations to restrict trans women’s access to single-sex services.
As of this writing, the UK government has not announced when the new guidance will be published.
However, on 20 November, Phillipson told reporters that she was going through it “thoroughly and carefully.”
“I have responsibilities to make sure that’s done properly, and we’re taking the time to get this right,” she added, per The Guardian.