Court Says EHRC Guidance on Single-Sex Toilets is Okay

The High Court has decided that the advice from the EHRC about single-sex toilets is lawful. This means rules about who can use women's or men's toilets and changing rooms are now clearer after a recent court decision.
By Newsroom | Law, United Kingdom |

A recent High Court decision has upheld guidance from the Equality and Human Rights Commission (EHRC) concerning access to single-sex public facilities. The court dismissed a legal challenge brought by the Good Law Project and anonymous claimants who argued the guidance was flawed. This ruling addresses the complex interplay between existing equality law, a recent Supreme Court decision on biological sex, and the practical application of these principles for transgender individuals.

High Court dismisses challenge to single-sex toilet guidance - 1

The core of the dispute lies in how employers and service providers should interpret and apply the Equality Act 2010, particularly after the Supreme Court ruled in April 2025 that terms like "woman" and "sex" in the Act refer to biological sex. The EHRC’s interim guidance, issued in response to this ruling, offered advice on the provision of single-sex toilets and changing rooms. Critics claimed this guidance was overly simplistic and could negatively impact transgender people, while supporters argued it was a necessary clarification of the law.

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High Court dismisses challenge to single-sex toilet guidance - 2

The EHRC's interim guidance, published shortly after the Supreme Court's ruling, provided advice to employers and service providers on maintaining single-sex spaces. The guidance stated that in workplaces and public facilities where single-sex spaces are lawfully provided, transgender women (biological males) should not be permitted to use women's facilities if this would mean the facility is no longer single-sex. Similarly, transgender men (biological females) should not use men's facilities under these circumstances. The guidance also suggested that providing additional mixed-sex facilities could help meet the needs of transgender people.

High Court dismisses challenge to single-sex toilet guidance - 3

  • Equality Act 2010: The foundational legislation that prohibits discrimination based on various protected characteristics, including sex and gender reassignment.

  • Supreme Court Ruling (April 2025): This decision interpreted "woman" and "sex" within the Equality Act as referring to biological sex.

  • EHRC Interim Guidance: Issued following the Supreme Court ruling, it advised on the provision and access to single-sex facilities, emphasizing the legal definition of sex.

  • "Proportionate" Exclusion: Following the Supreme Court's decision, the law allows for the exclusion of trans individuals from single-sex spaces if deemed "proportionate."

Key Arguments in the Challenge

The legal challenge was spearheaded by the Good Law Project (GLP) and three anonymous claimants. They contended that the EHRC's guidance was "legally flawed" and "overly simplistic."

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High Court dismisses challenge to single-sex toilet guidance - 4

  • Claimants' Position:

  • The guidance was seen as creating a "climate of fear" for transgender people.

  • It was argued that the guidance gave "categorical and clear advice" that transgender people should not use facilities aligning with their gender identity.

  • A practical concern was raised about the enforcement of the guidance, questioning how employers could implement it without potentially "outing" individuals.

  • One claimant, a trans man, shared an experience where he was instructed to stop using the men's toilets at work, citing the interim guidance, and was directed to use women's or disabled facilities, which he found distressing.

  • EHRC's Defense:

  • The EHRC maintained that its guidance was a lawful interpretation of the Equality Act in light of the Supreme Court ruling.

  • They denied that the guidance breached the human rights of trans people.

  • The guidance aimed to clarify that failing to provide a single-sex lavatory could constitute indirect sex discrimination against women.

  • It was asserted that any single-sex lavatory would cease to be single-sex if transgender individuals were permitted to use it in a manner contrary to their biological sex.

Court's Rationale and Ruling

The High Court, presided over by Mr. Justice Swift, dismissed the challenge, endorsing the EHRC's interim guidance as an accurate statement of the law for employers and service providers.

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  • Endorsement of EHRC Interpretation: The court found the EHRC's interpretation of the law to be valid.

  • "Transsexual Persons" and the Equality Act: The ruling indicated that under the Equality Act, "transsexual persons" do not possess an inherent right to use opposite-sex toilets or changing rooms when those facilities are designated as single-sex based on biological sex.

  • Indirect Sex Discrimination: The court agreed with the EHRC that failing to provide single-sex facilities could amount to indirect sex discrimination against women.

  • Definition of Single-Sex Facilities: The ruling affirmed that a facility designated as single-sex would lose its single-sex status if individuals who are not of the designated sex were permitted to use it.

Implications and Next Steps

The High Court's decision has significant implications for how single-sex spaces are managed in public and workplaces across the UK. The guidance, though interim and since withdrawn from the EHRC website, has been legally validated.

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  • Current Legal Standing: The High Court's ruling clarifies the legal position for employers and service providers regarding single-sex facilities, aligning with the interpretation that sex in the Equality Act refers to biological sex.

  • Consideration of Final Guidance: UK ministers are still deliberating on final guidance from the EHRC, which will provide further direction on implementing the Supreme Court's ruling in practice.

  • Ongoing Debates: The ruling is likely to continue to fuel discussions surrounding transgender rights, sex-based rights, and the practical application of equality law. Questions remain about the precise mechanisms for ensuring "proportionate" exclusion and the provision of alternative facilities.

The case highlights the ongoing efforts to reconcile different legal interpretations and societal expectations regarding gender identity and sex-based rights in the United Kingdom.

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Frequently Asked Questions

Q: What did the High Court decide about single-sex toilets?
The High Court said that the advice from the EHRC about single-sex toilets is lawful. This advice explains how rules about sex apply to places like toilets and changing rooms.
Q: Why was there a legal challenge?
A group called the Good Law Project and some other people challenged the EHRC's advice. They said it was wrong and could harm transgender people.
Q: What does the EHRC's guidance say?
The guidance says that if a place is legally for one sex only (like a women's toilet), transgender women should not use it if it means the space is no longer just for women. It also suggested making extra toilets for everyone.
Q: What does this mean for transgender people?
The court agreed with the EHRC that transgender people do not have a right to use opposite-sex toilets if the space is meant to be single-sex based on biological sex. The EHRC said this is needed to stop indirect sex discrimination against women.
Q: Is this the final rule?
This decision means the EHRC's advice is lawful for now. The government is still thinking about final advice on this topic.