Trans-Inclusive Practice

Bea Groves-McDaniel

23 May 2026 • 8 min read

- for Women’s Groups

Practical Guidance for Community Organisations, Charities, and Associations

Introduction

The Equality and Human Rights Commission (EHRC) Code of Practice published in May 2026 has created uncertainty for many women’s organisations that want to remain welcoming and inclusive of transgender people.

This document is intended as practical guidance for groups that:

wish to continue supporting transgender inclusion,
want to minimise legal risk,
and want to ensure their policies remain fair, proportionate, and humane.

The EHRC Code is guidance, not primary legislation. It does not create new law, and courts are not bound by every interpretation it contains. Organisations still retain discretion in how they design and deliver services, provided they act lawfully, proportionately, and with proper consideration of equality impacts.

This guidance is not legal advice, but it outlines practical approaches that may help organisations remain trans-inclusive while complying with their obligations under the Equality Act 2010.

1. Remember: Inclusion Is Still Lawful

Nothing in the Equality Act requires organisations to exclude transgender people from all women’s spaces or activities.

The Equality Act permits single-sex services in some circumstances, but it does not require blanket exclusion policies. In most cases:

inclusion remains lawful,
proportionality matters,
and decisions should be based on actual circumstances rather than assumptions or political pressure.

Trans people remain protected under the characteristic of gender reassignment, and protections against discrimination, harassment, and victimisation still apply.

2. Avoid Blanket Policies

One of the strongest principles running through equality law is proportionality.

Policies that automatically exclude all trans women or all trans men from services may be difficult to justify if:

no individual assessment has been carried out,
no alternatives were considered,
or there is no evidence that exclusion is necessary.

Groups should avoid:

“all trans women excluded” policies,
automatic assumptions about risk,
or informal practices that treat trans people less favourably without clear reasoning.

Instead:

assess the actual purpose of the service,
identify specific concerns,
and consider whether less restrictive approaches are possible.

Documenting this process is important.

3. Mixed and Flexible Provision Is Often the Safest Option

The EHRC Code itself recognises that many organisations can lawfully provide a mixture of:

women-only services,
mixed services,
and individual/private facilities.

In practice, many organisations can remain inclusive by:

offering optional private changing areas,
using lockable self-contained facilities where possible,
creating clear behaviour-based codes of conduct,
and focusing on privacy for everyone rather than exclusion of particular groups.

For many community organisations, this approach reduces conflict while increasing accessibility for:

trans people,
disabled people,
religious users,
trauma survivors,
and parents with children.

4. Focus on Behaviour, Not Identity

Most safety and safeguarding concerns are better addressed through behavioural policies than identity-based exclusions.

Good safeguarding practice usually means:

clear expectations of conduct,
anti-harassment policies,
staff training,
reporting procedures,
and responding to inappropriate behaviour consistently.

A person behaving inappropriately can be removed regardless of whether they are trans or not.

Many organisations find that behaviour-based policies are:

easier to justify legally,
fairer in practice,
and less likely to result in discrimination claims.

5. Consider the Impact on Trans Members

Equality law requires organisations to consider the impact of decisions on protected groups.

Before adopting restrictive policies, organisations should ask:

What disadvantage might this create for trans people?
Are there less intrusive alternatives?
Would exclusion undermine access to support, community, or safety?
Are we responding to actual incidents, or hypothetical concerns?

These questions matter both ethically and legally.

6. Associations and Membership Groups Often Have More Flexibility

Community groups, clubs, voluntary associations, and informal networks frequently have considerable discretion in how they organise their activities.

Many women’s groups can continue operating on an inclusive basis by:

explicitly welcoming trans members,
adopting inclusive constitutions or membership rules,
providing mixed or flexible participation options,
and ensuring decisions are consistent and documented.

An organisation that chooses inclusion is not automatically acting unlawfully.

7. Staff and Volunteer Training Matters

Confusion and inconsistency create risk.

Training should cover:

the protected characteristic of gender reassignment,
harassment and victimisation protections,
confidentiality and privacy,
respectful communication,
and how to handle disagreements calmly and fairly.

Staff and volunteers should understand that:

the EHRC Code is guidance, not a blanket prohibition on inclusion,
lawful inclusion remains possible,
and decisions should not be driven by fear or misinformation.

8. Keep Policies Under Review

This area of law is evolving rapidly.

Organisations should:

review policies periodically,
monitor future court decisions,
seek legal advice for high-risk services,
and remain open to adapting their approach.

A balanced, evidence-based, and compassionate approach is more likely to remain defensible than reactive or absolute policies.

9. A Practical Inclusion Framework

Before excluding a trans person from a service or activity, consider:

What is the legitimate aim?
Is exclusion genuinely necessary?
Is there evidence supporting the concern?
Could privacy or safety be protected in another way?
Would a mixed or flexible approach work?
Have the impacts on all affected groups been considered?
Is the decision proportionate?
Has the reasoning been documented?

If these questions cannot be answered clearly, exclusion may be difficult to justify.

Conclusion

Women’s organisations do not need to abandon trans inclusion because of the EHRC Code.

The law still allows organisations to:

include transgender people,
adopt flexible and mixed provision,
make proportionate decisions,
and prioritise dignity, safety, and participation for everyone.

The strongest policies are usually those that are:

evidence-based,
proportionate,
carefully documented,
and grounded in respect for all service users.

Inclusion remains both possible and lawful.

Frequently Asked Questions (FAQ)

Can we still admit trans women to our organisation or activities?

In many cases, yes.

The Equality Act 2010 does not require organisations to exclude trans women from women’s groups or activities. The law allows some single-sex services and associations in certain circumstances, but inclusion remains lawful in many contexts.

Organisations should:

consider the purpose of the activity,
assess whether any restriction is genuinely necessary,
avoid blanket assumptions,
and consider less restrictive alternatives.

Many community groups, charities, arts organisations, peer-support groups, and voluntary associations can continue to operate on a trans-inclusive basis.

Are we legally required to exclude trans people from women-only spaces?

No.

The EHRC Code explains circumstances where exclusion may be lawful if it is a proportionate means of achieving a legitimate aim. It does not require blanket exclusion policies.

Inclusion may still be lawful and appropriate depending on:

the nature of the service,
the risks involved,
the facilities available,
and the organisation’s objectives.

Do we need to change our constitution or membership rules?

Not necessarily.

Many organisations can continue operating under existing constitutions if those constitutions already allow discretion over membership and participation.

However, some groups may wish to:

clarify that trans people are welcome,
define membership criteria more clearly,
or include equality and inclusion commitments explicitly.

It is usually best to:

keep wording simple,
avoid unnecessarily rigid definitions,
and ensure policies are internally consistent.

Groups considering major constitutional changes should seek appropriate legal advice.

What about insurance?

Most insurers are primarily concerned with:

safeguarding,
risk management,
health and safety,
and compliance with equality law.

A trans-inclusive policy does not automatically invalidate insurance.

Organisations should:

maintain clear safeguarding procedures,
ensure staff and volunteers are trained,
document decision-making,
and speak to insurers directly if specific concerns arise.

If an insurer requests exclusionary policies, organisations may wish to ask:

whether this is a legal requirement,
what evidence supports the request,
and whether less restrictive approaches would satisfy risk concerns.

Yes. Some people may express concerns relating to privacy, dignity, religion, trauma history, or personal beliefs.

Organisations should take concerns seriously while balancing the rights and dignity of all users.

In many situations, practical solutions are available, including:

optional private facilities,
lockable changing spaces,
flexible scheduling,
or mixed provision.

The existence of objections does not automatically require exclusion.

What if conflict arises between members?

Organisations should:

remain calm and neutral,
focus on behaviour and conduct,
avoid escalating disputes,
and apply policies consistently.

Disagreement alone is not misconduct. However:

harassment,
intimidation,
bullying,
or discriminatory behaviour
should be addressed through normal conduct procedures.

The goal should usually be safe and respectful participation for everyone wherever possible.

Sample Trans-Inclusive Participation Policy

Purpose

Our organisation is committed to providing a safe, respectful, and inclusive environment for all participants, including transgender, non-binary, and gender-diverse people.

We aim to balance:

inclusion,
privacy,
dignity,
safety,
and accessibility
for everyone who uses our services or participates in our activities.

Principles

We will:

treat all members and participants with respect,
avoid discrimination and harassment,
make decisions on a case-by-case basis where necessary,
and seek proportionate and practical solutions to concerns.

We recognise that people may have different needs relating to:

privacy,
religion,
disability,
trauma,
gender identity,
and personal dignity.

Where possible, we will seek arrangements that allow all participants to take part safely and respectfully.

Participation

Transgender people are welcome to participate in our organisation and activities.

Any restrictions on participation will only be considered where:

there is a clear legitimate aim,
the restriction is proportionate,
alternatives have been considered,
and the decision has been properly documented.

Blanket exclusions will generally be avoided.

Facilities

Where possible, we will provide:

private or lockable facilities,
flexible changing arrangements,
or mixed-use options
to support privacy and dignity for all users.

Behaviour and Conduct

All participants are expected to:

treat others respectfully,
avoid harassment or intimidation,
respect privacy and boundaries,
and follow staff or volunteer instructions where necessary.

Unacceptable behaviour may result in removal from activities regardless of a person’s identity or status.

Complaints and Concerns

Concerns or complaints will be handled:

fairly,
confidentially where possible,
and without retaliation.

The organisation will seek to resolve issues constructively and proportionately.

Model Complaints Procedure

1. Raising a Concern

Anyone who experiences or witnesses discrimination, harassment, exclusion, or inappropriate behaviour may raise a concern with the organisation.

Concerns may be raised:

verbally,
by email,
or in writing.

Where possible, concerns should include:

what happened,
when and where it happened,
who was involved,
and any witnesses.

2. Initial Response

The organisation will:

acknowledge the concern promptly,
consider any immediate safeguarding or welfare issues,
and identify an appropriate person to handle the matter.

All parties should be treated respectfully during the process.

3. Informal Resolution

Where appropriate, the organisation may seek informal resolution through:

discussion,
clarification,
mediation,
or agreed behavioural expectations.

Informal resolution will not be appropriate in serious cases involving harassment, threats, or safeguarding concerns.

4. Formal Review

If informal resolution is not possible, the organisation may:

review relevant policies,
speak to those involved,
gather relevant information,
and make a reasoned decision.

Decisions should:

consider equality impacts,
be proportionate,
and be documented.

5. Outcomes

Possible outcomes may include:

no further action,
clarification of expectations,
changes to arrangements,
warnings,
behavioural agreements,
or exclusion from activities in serious cases.

Any action taken should be proportionate to the issue involved.

6. Appeals

Where appropriate, individuals may request a review of decisions by a different trustee, committee member, or senior volunteer.

One-Page Quick Reference Guide

For Volunteers, Trustees, and Group Leaders

Key Principles

Inclusion remains lawful.
The EHRC Code is guidance, not primary legislation.
Blanket exclusions may be difficult to justify.
Decisions should be proportionate and evidence-based.
Focus on behaviour, not identity.

Good Practice

✔ Treat everyone respectfully
✔ Apply policies consistently
✔ Consider alternatives before exclusion
✔ Use private or flexible facilities where possible
✔ Document important decisions
✔ Address inappropriate behaviour promptly
✔ Keep safeguarding policies up to date

Avoid

✘ Blanket bans without assessment
✘ Assumptions about risk based on identity
✘ Public arguments about individual members
✘ Informal or inconsistent decision-making
✘ Harassment or hostile behaviour