Trans people can be barred from gendered spaces in EHRC's updated draft codehttps://www.thepinknews.com/2026/05/21/ehrc-draft-code-update-trans-2026/ 🔗Written by PinkNews Reporter (21 May 2026)
Following the April 2025 Supreme Court ruling that said that in the Equality Act 20210, sex referred to "biological sex", the EHRC's guidelines have been updated.
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 treatment. "This is likely to be lawful if the gym can demonstrate that there would be a genuine health and safety risk and / or impact on fair competition if the trans man were allowed to join the competition," it says.
However it says it may be unlawful to exclude trans people from gender-related activities based on their "biological sex" if not for reasons of "safety or fair competition". It says: "If it is not necessary for these reasons, it is likely to be unlawful to exclude trans people from participating in the same way as members of their own sex."
