High Court to consider challenge to EHRC trans guidance in Novemberhttps://www.landmarkchambers.co.uk/news-and-cases/high-court-to-consider-challenge-to-ehrc-trans-guidance-in-novemberLandmark Chambers
31 July 2025
The High Court will hear a judicial review brought against the Equality and Human Rights Commission's guidance on trans people's use of toilets at work and in services in November 2025.
The challenge is brought by two trans persons and one person who is intersex along with the Good Law Project. The Claimants allege that the Commission's "Interim update on the practical implications of the UK Supreme Court judgment", published shortly after the Supreme Court's decision in For Women Scotland v Scottish Ministers [2025] UKSC 16, misstates the law and encourages employers and service providers to breach their legal duties under the Equality Act 2010, the Human Rights Act 1998 and the Gender Recognition Act 2004.
In a hearing in the High Court yesterday, Mr Justice Swift gave directions for the claim to proceed to a rolled-up hearing in November 2025.Campaigners take step in legal action over toilet guidance after gender rulinghttps://www.independent.co.uk/news/uk/home-news/equality-and-human-rights-commission-good-law-project-bridget-phillipson-government-scottish-government-b2752529.htmlIndependent - Callum Parke
Tuesday 20 May 2025 09:00 BST
Good Law Project (GLP) said on Friday that it had sent a pre-action letter to the Equality and Human Rights Commission (EHRC) over the guidance, which it said "authorises and approves unlawful discrimination".
GLP and the individuals – two of whom are trans and one of whom is intersex – have also sent the letter to the women and equalities minister, Bridget Phillipson, and said that they had asked for a response within seven days.We may all think that this is a lost cause in the UK and it may be given how disgracefully the Labour Gov't have lied and u-turned from their stated position in Opposition. However, it's worth reminding ourselves that
Ireland's progressive laws on trans rights came about because there was a challenge against the Irish Govt in court initially by one single individual:https://en.wikipedia.org/wiki/Transgender_rights_in_the_Republic_of_IrelandIn 2002, Lydia Foy applied to the High Court to change her gender on her birth certification. The application was rejected on the ground that the birth certificate was deemed to be a historical document.Foy took new proceedings to the High Court relying on the decisions of the European Court of Human Rights in the Goodwin and "I" cases. Her application was heard between 17 and 26 April 2007. ... The Judge held that the Irish State had failed to respect Foy's rights under Article 8 of the European Convention on Human Rights by not providing any mechanism for her to obtain a new birth certificate designating her gender as female. He indicated that he would grant a declaration that Irish law in this area was incompatible with the Convention. He also said he would have found her right to marry under Article 12 of the Convention had been infringed as well if that had been relevant. On 14 February 2008, the Judge granted a declaration that sections of the Civil Registration Act 2004 were incompatible with Article 8 of the Convention. This was the first declaration of incompatibility made under the European Convention on Human Rights Act passed in 2003.Quite a story 'eh?
My advice is for everyone in the UK to continue fighting this. It might be worth writing to the Labour Minister Bridget Phillipsonxx
