In the wake of a recent Supreme Court ruling in the UK, workplaces, public services, and businesses are suddenly having to rethink how they handle gender and access to spaces like toilets and changing rooms.
The ruling clarified that the legal definition of “woman” in equality law is based on biological sex—not gender identity—even for trans women who hold a Gender Recognition Certificate (GRC).
Now, organisations across the country are scrambling to figure out what this actually means in practice—and how to stay compliant without creating more problems.
Calls Flood in as Organisations Seek Clarity
The Equality and Human Rights Commission (EHRC) has reportedly been inundated with requests for guidance, according to The Times.
With many unsure of how to interpret the judgment, the commission is working fast to update its code of practice.
EHRC chair Baroness Kishwer Falkner said public institutions and private businesses will need to rethink their current setups, particularly where single-sex spaces are concerned.
One of the biggest takeaways? Trans women, even with a GRC, can legally be excluded from women-only spaces—if there’s a “proportionate” reason to do so.
Unisex and ‘Third Spaces’ May Be the New Norm
Rather than continue with a binary system that either includes or excludes, Baroness Falkner floated the idea of introducing neutral, third spaces—like unisex toilets—as a way to balance rights and avoid future conflict.
She emphasized that there’s no law preventing the creation of these spaces, and encouraged advocacy groups to push for their development.
For now, however, some trans individuals are being told to use disabled bathrooms at work—a solution that’s already sparking debate.
Trans Voices Speak Out in Frustration and Fear
While some legal experts welcomed the ruling as providing clarity, others see it as a dangerous setback.
Former boxing promoter Kellie Maloney, who transitioned nearly 11 years ago, shared her disappointment and fear.
Speaking from her home in Portugal, she didn’t hold back, calling the decision a product of “old farts with no grip on reality.”
Kellie, like many in the trans community, worries this ruling will embolden anti-trans individuals and make day-to-day life riskier and more hostile.
“I’ve never felt worried as Kellie,” she said, “but I’ll definitely be more careful when I’m back in England.”
The Legal Fallout and Real-Life Impacts
Kellie also pointed out a more chilling consequence of the ruling—if a trans woman like her were to be convicted of a crime, she could now be sent to a male prison.
“How on earth would that be safe for me?” she asked. “I would get beaten and raped.”
She also admitted that the GRC process may have become too easy, and noted that the community’s rapid growth might have outpaced public understanding.
The original 2004 Gender Recognition Act allows trans people to have their affirmed gender legally recognized, but this ruling complicates how that recognition functions under the Equality Act—particularly when it comes to accessing single-sex spaces.
NHS, Police, and Businesses Already Making Changes
Some major institutions have already started adjusting their policies.
The British Transport Police announced a new interim protocol stating that trans individuals in custody will now be searched based on their sex at birth.
The NHS could also be forced to revisit its 2019 guidance, which stated trans people should be housed in wards based on how they present.
According to Baroness Falkner, that policy is “likely to change.”
Toilets, Policies, and Possible Litigation
Employment law experts warn that businesses will have to act quickly to revise internal policies—especially those related to workplace facilities.
Peter Byrne, head of employment law at Slater and Gordon, says the previous flexibility around choosing which bathroom to use may be gone.
“In reality, you’re probably going to end up asking people to use the disabled toilet,” he said.
But that solution isn’t as simple—or dignified—as it sounds.
Daily Inconvenience and the Question of Dignity
Emma Bartlett, a partner and equality lead at CM Murray law firm, explained how even practical fixes might still cause harm.
She raised the concern that unisex or disabled bathrooms might be far from an employee’s actual work area—on a different floor, or even in a separate building.
That kind of logistical barrier can impact not only a person’s efficiency but also their dignity.
“It’s going to be difficult,” she said.
Bartlett also flagged the possibility of legal claims if trans workers feel discriminated against—but even that could get tricky, because it depends on who they’re legally compared to: a man, a woman, or another trans person?
Legal Gray Areas and a Warning to Employers
The issue of comparators—used to assess whether discrimination has occurred—might prevent some legal cases from gaining traction.
If a trans woman is compared legally to a trans man, and both are treated the same, then there may be no case at all.
Still, lawyers are cautioning businesses to “tread carefully.”
Employment law partner Jonathan Mansfield of Spencer West said neutral third spaces are likely the best way forward, but acknowledged the reality: not every building has the layout or budget to make that happen overnight.
What Happens Next?
The EHRC says it plans to lay out a revised statutory code of practice before Parliament by the summer.
In the meantime, employers, public bodies, and institutions are being urged to review their current policies—and fast.
Because whether or not you agree with the ruling, one thing is clear: the way we define and manage gender in public spaces is changing, and businesses can’t afford to ignore it.