TL;DR
- Bridget Phillipson states EHRC code doesn’t apply to workplaces.
- EHRC’s guidance suggests restricting single-sex spaces based on biological sex.
- High Court ruled service providers can include trans people in facilities.
- Stonewall advocates for equal protections under the law.
- Debate continues over trans rights in workplace settings.
In a move that has sent shockwaves through the LGBTQ+ community, Women and Equalities Minister Bridget Phillipson has declared that the Equality and Human Rights Commission’s (EHRC) updated code “does not apply to workplaces.” This statement comes as employers across the UK have been anxiously awaiting guidance on policies regarding single-sex spaces, especially after a controversial ruling in April 2025 that defined “sex” in the Equality Act 2010 as strictly “biological sex” only.
The EHRC has been under scrutiny since the review initiated under Rishi Sunak’s government in 2024. By August 2025, the results were in: the EHRC argued that trans individuals had no “legal right” to access gender-specific facilities. This led to a flurry of letters sent to various organizations, urging them to limit single-sex spaces based on biological sex. Fast forward to February 2026, and the EHRC confirmed they would take no further action regarding the contentious review of single-sex spaces.
In a surprising twist, the High Court ruled on February 13 that service providers are not required to exclude trans people from using the correct facilities, despite the EHRC’s guidance. However, Justice Swift did state that while the EHRC’s interpretation of the law was flawed, single-sex spaces in workplaces must remain trans-exclusionary. Talk about a legal conundrum!
During a recent meeting with NHS nurse Jennifer Melle, who reached a settlement with an NHS trust over an incident involving the use of incorrect pronouns for a trans patient, Phillipson reiterated her stance. “What I would say, however, is the code of practice applies to services and associations. It doesn’t apply to the workplace regulations,” she stated, leaving many to wonder where this leaves trans rights in professional environments.
In response to Phillipson’s comments, Stonewall released a statement expressing cautious optimism. They noted, “We are pleased to see the Government and EHRC working constructively to ensure the Code is legally accurate and supports service providers to treat everyone with equal dignity and respect.” Stonewall emphasized the need for clarity and balance in the code to protect the rights and dignity of all individuals, especially those within the LGBTQ+ community.
As the debate rages on, one thing is clear: the fight for trans rights in the workplace is far from over. With complex judgments and ongoing uncertainty, organizations need practical, workable guidance to navigate their legal obligations. Stonewall is committed to working with policymakers and stakeholders to ensure that LGBTQ+ people receive the protections they deserve under the law. After all, the vision remains: a world where everyone, everywhere has equal rights.