UK Equality Act Code of Practice 2026 — Trans Inclusion Guidance
Status: 🔴 Harmful guidance that treats trans people as a third sex, now laid before Parliament
Overview
On May 21, 2026, the UK Minister for Women and Equalities laid updated statutory guidance before Parliament under the Equality Act 2010. The Code of Practice for services, public functions and associations tells organisations how they should approach trans inclusion. Although not yet in force, it is unlikely to change at this stage.
Background
The guidance had to be rewritten after Good Law Project’s legal challenge showed the EHRC’s initial draft had gotten the law wrong. After “further legal analysis,” the Minister told the EHRC to rewrite it.
Key Changes from Previous Draft
Positive changes:
- Removal of proposals to inspect birth certificates before allowing use of gendered facilities
- Clarification that associations can be formed for multiple protected characteristics — e.g., an LGBT+ association can exist, meaning an organisation can be explicitly for people whose sex is “female” under the Act in addition to trans people
Continuing harm:
- Offering only biological single-sex services is likely to indirectly discriminate against trans people, and alternatives must be provided
- However, the guidance treats trans people as a third sex, suggesting they should use separate/third spaces instead of being included on a trans-inclusive basis
- Forcing trans people to use third spaces creates stigma and risks outing them
- In practice, third services/spaces are often insufficient — denying trans people access to vital services and pushing them out of public life
Broader Impact
The exclusionary approach affects other groups too:
- Cis women face increased gender policing and harassment when accessing gendered spaces
- Disabled people are negatively affected when trans people are directed to already-insufficient accessible toilets
Good Law Project’s Response
Good Law Project’s trans rights lead, Jess O’Thomson, stated: “There have been big changes since the previous, transphobic draft — but it’s not good enough.”
- “It’s good to see clear guidance that associations can be for multiple protected characteristics”
- “But it still treats trans people as a third sex, suggesting they should be made to use separate spaces — entirely ignoring the harm this causes, and human rights law”
Good Law Project is continuing their appeal against the High Court’s decision in their challenge to the EHRC, arguing that forcing trans people into third spaces is discriminatory and violates their human rights. The outcome of that case affects workplaces as well as services and associations.
Sources
- Good Law Project — The Code of Practice: what you need to know
- UK Government — Equality Act 2010 draft Code of Practice
- Good Law Project — EHRC forced to change trans guidance
- Good Law Project — Appeal against High Court decision
- The Guardian — Gender non-conforming women report toilet abuse
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