UK universities have been warned against making “rushed decisions” after new equalities guidance stated that single-sex facilities must be used on the basis of biological sex.
A long-awaited code from the Equalities and Human Rights Commission (EHRC) was published late on 21 May, having been approved by ministers after months of wrangling.
As expected, the guidance confirmed that, after a landmark Supreme Court ruling that the definition of a woman under the Equality Act should be based on biological sex, service providers should review how single-sex spaces are used.
Organisations such as universities can lawfully restrict trans people from using facilities not designated for their biological sex but should offer a third or gender-neutral space as an alternative, it says.
However, the guidance adds that it was “unlikely to be either practical or appropriate” for organisations to challenge a person on their sex before using bathrooms, in a softening of approach since draft rules were circulated last year.
