The Equality and Human Rights Commission has produced updated draft guidelines for organisations following an April 2025 Supreme Court ruling defining “sex” in the Equality Act 2010 as “biological sex.” The draft Code of Practice aims to provide clear guidance for everyday situations, including who can use on-site toilets and how organisations should apply the law. “Sex” and “gender reassignment” are protected characteristics, and a trans person is defined as someone with the protected characteristic of gender reassignment. The guidance states that associations may restrict entry based on protected characteristics, including refusing entry to a women-only association where membership is based on sex. It also provides rules for gender-based sports, including that trans people should not be included in single-sex or separate-sex competitions for the sex with which they identify, and it outlines potential discrimination claims in gender-affected activities.
"The draft Code's aim is to give organisations clear guidance on every day situations, such as who can use on-site toilets. Phillipson said: "The Equality Act enshrines our rights in law so that people can live free from discrimination and harassment. "Our focus has always been making sure organisations have clear, accessible guidance on how to implement the law.""
"Both "sex" and "gender reassignment" are listed as protected characteristics in the Code. Its definition of a trans person is "a person who has the protected characteristic of gender reassignment". It states that associations can restrict entry to those who share a protected characteristic. In an example, it says it would be lawful to refuse a trans woman entry to a women-only association, as membership is "based on sex"."
"It also gives guidelines on gender-based sports, saying: "Trans people should not be included in single-sex or separate-sex competitions for the sex with which they identify." In an example, based on a running club, which it describes as a "gender-affected activity", it says: "A woman who participates may be able to bring a claim for indirect sex discrimination due to the provider's decision to include trans women placing her at a particular disadvantage.""
"It also says trans men can be excluded from women's sports, such as boxing, if they have undergone testosterone trea"
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