EHRC update ‘does not apply to workplaces’

Women and Equalities Minister Bridget Phillipson has said the Equality and Human Rights Commission’s (EHRC) updated code “does not apply to workplaces”.

Employers have been waiting for guidance on policies surrounding single-sex spaces since the ruling in April 2025 that “sex” in the Equality Act 2010 meant “biological sex” only.

A review of the EHRC was launched under Rishi Sunak’s government in 2024. By August 2025, the review was complete and the EHRC argued trans people had no “legal right” to access gender-specific facilities. The EHRC wrote to a number of organisations, recommending they restrict single-sex spaces on the basis of “biological sex”. In February 2026, the EHRC confirmed they would be taking no further action regarding its review into single-sex spaces.

READ MORE: Bridget Phillipson says trans people must not be used as a political punchbag

On 13 February, the High Court ruled that service providers did not need to exclude trans people from using the correct facilities, despite the EHRC’s guidance.

However, High Court Justice Swift ruled that while the EHRC’s interpretation of the law was not accurate, single-sex spaces in workspaces must remain trans-exclusionary.

Bridget Phillipson’s statement

Bridget Phillipson met with NHS nurse Jennifer Melle, who reached a settlement with an NHS trust after an incident which stemmed from Melle using a trans patient’s incorrect pronouns.

During the meeting, Phillipson said the EHRC’s revised code of practice, which has not yet been presented to Parliament, had not been delayed.

She said: “What I would say, however, is the code of practice applies to services and associations. It doesn’t apply to the workplace regulations.”

‘Our vision has always been a world where everyone, everywhere has equal rights’

Following Phillipson’s comments, Stonewall has released a statement.

It reads: “We are pleased to see the Government and EHRC working constructively to ensure the Code is legally accurate and supports service providers to treat everyone with equal dignity and respect.

“We have consistently said that the Code needs to bring clarity and balance the needs, rights and dignity of all people, across all protected characteristics, under the Equality Act. 

“Following a year of complex judgments in the Courts and the uncertainty this has created, it is essential that organisations can look to the Code for practical, workable guidance and feel confident about their legal obligations. 

“We look forward to seeing the Code once laid in Parliament and will continue to work with policymakers, parliamentarians and broader stakeholders to ensure LGBTQ+ people have equal protections under the law. Our vision has always been a world where everyone, everywhere has equal rights.”

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