The Equality and Human Rights Commission is taking regulatory action against 19 organisations that continue to have policies on single-sex spaces that misrepresent equality law.
The watchdog said it has completed a review of evidence from the previous UK government on single-sex spaces, which was ordered by the then women and equalities minister Kemi Badenoch.
In May 2024, the Conservative government launched a “call for input” exercise seeking examples of policies that suggest people have a legal right to access single-sex spaces and services according to their self-identified gender. The government referred 404 examples to the EHRC for review.
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The review was launched almost a year before the landmark Supreme Court ruling on the definition of “sex” in the Equality Act 2010.
Following its analysis, the EHRC identified policies that misrepresented the Equality Act, including in organisations in policing, education and healthcare.
The EHRC is writing to 19 organisations asking them to review policies that contain language wrongly suggesting there is an automatic legal right to access single-sex spaces based on self-identification.
Baroness Kishwer Falkner, EHRC chairwoman, said: “We have completed our review of the evidence referred to us by government and are taking proportionate regulatory action where we have identified policies that misrepresent the law.
“These policies contain specific language that wrongly suggests there is an automatic legal right to access single-sex spaces based on self-identification. Organisations need to ensure their policies accurately reflect the law as it stands.”
The 19 organisations, which have not been named, must respond with assurances that their policies will be withdrawn and set out a proposed timetable to revise them. The EHRC will monitor compliance and consider further regulatory action if necessary.
Falkner, whose term as EHRC chair comes to an end on 30 November, added: “This is proportionate regulatory action affecting a small number of organisations across different sectors as part of our statutory duty to promote compliance with equality law. We remain committed to supporting both women’s rights and trans people’s rights within the existing legal framework.”
The EHRC is currently revising its code of practice in light of the Supreme Court judgment, following a consultation that took place over the summer. The revised code will be submitted to Bridget Phillipson, the current women and equalities minister, before being laid before Parliament.
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