Labour minister Bridget Phillipson is holding up new Equality and Human Rights Commission (EHRC) guidance on women-only spaces, calling it ‘trans-exclusive.’
More than three months after receiving the draft, the Women and Equalities Secretary has refused to sign off on it, even though the Supreme Court has clarified that equality law defines sex based on biological traits.
Background: Supreme Court Ruling and EHRC Draft
The guidance was drafted following the April Supreme Court decision, which confirmed that single-sex protections legally refer to biological sex.
The proposals were meant to help businesses and public organizations enforce rules around women-only spaces, including restrooms, hospital wards, and changing rooms.
Phillipson’s Objections: Protecting Trans Rights?
In submissions to the High Court, Ms. Phillipson openly criticized the draft, claiming it could unfairly exclude transgender women.
She warned that strictly barring biological males from women’s facilities might create unintended problems.
For example, she suggested it could stop mothers from taking their infant sons into swimming pool changing rooms, and argued there are numerous scenarios where exceptions might be necessary.
Supreme Court Ruling: Narrower Than Some Think
Phillipson also emphasized that the Supreme Court’s judgment primarily addressed maternity protections, not broad restrictions on women-only spaces.
With the guidance still unapproved, organizations including hospitals and businesses lack clear instructions, leaving them unsure how to implement the court’s ruling in practice.
Political Reactions: Support and Criticism
Labour leader Sir Keir Starmer initially praised the Supreme Court decision, calling it a moment of “clarity” by affirming that “a woman is an adult human female.”
Yet, the EHRC’s code of practice has yet to reach Parliament.
Sources suggest Phillipson is requiring extra bureaucratic steps, slowing the guidance and effectively blocking it.
A government spokesperson denied any deliberate obstruction, citing the guidance’s legal complexity and the need for careful review to prevent organizations from facing legal challenges.
Conservatives, however, have accused the minister of ignoring the court ruling.
Shadow equalities minister Claire Coutinho claimed the government is “doing everything it can to deny women the right to single-sex spaces.”
Court Papers Reveal Further Opposition
Phillipson’s stance surfaced in court documents tied to a Good Law Project legal challenge over an interim version of the EHRC guidance.
She argued that “common sense” exceptions should apply, such as letting pregnant women use men’s restrooms to avoid queues or granting other case-by-case exemptions.
EHRC Urges Quick Approval
The EHRC submitted its full 300-page draft code in September, emphasizing that organizations urgently need guidance following the Supreme Court ruling.
Approval delays have left public bodies and businesses without concrete rules for months.
What Happens Next?
A High Court decision on the matter is expected soon.
Meanwhile, pressure is mounting on ministers to clarify if—and when—the EHRC guidance on women-only spaces will finally be approved.
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