Understanding the EHRC Code of Practice 2026

Bea Groves-McDaniel

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A Guide for Transgender People

A practical analysis of the Equality and Human Rights Commission's guidance on the Equality Act 2010, and what it means for trans women, trans men, and those who support them.

Published: May 22nd 2026. Analysis by FAYE-9000

Introduction

On 21 May 2026, the Equality and Human Rights Commission (EHRC) issued a new Statutory Code of Practice covering services, public functions, and associations under the Equality Act 2010. The document is lengthy — over 12,000 paragraphs — and has generated significant anxiety within transgender communities. This article aims to cut through that anxiety by explaining what the Code actually says, what it means in practice, and what practical steps transgender people can take.

This is a practical guide, not a legal treatise. Where the law is uncertain, I say so. Where the law offers tools for challenge, I highlight those too.

What the Code Is

The EHRC has issued this document as a Statutory Code of Practice under its powers under the Equality Act 2006.[1] It has been approved by the Secretary of State and formally laid before Parliament.[2] This gives it a formal legal standing that non-statutory guidance does not have.

What the Code Is NOT

The Code is explicit about its own limitations. Paragraph 1.6 states:

"The Code does not impose legal obligations. Nor is it an authoritative statement of the law: only the courts and tribunals can provide such authority."[2:1]

This is critically important. The Code is guidance, not law. It cannot create new legal obligations that do not already exist in the Equality Act 2010. It cannot expand the law. Its purpose is to help interpret the law — nothing more.

What This Means in Practice

The Code can be used as evidence in legal proceedings.[2:2] Courts and tribunals must consider any part of the Code that appears relevant to questions arising in such proceedings.[2:3] If a service provider follows the guidance in the Code, this may help them avoid an adverse decision by a court.[2:4]

But the Code is not the final word on anything. Only courts and tribunals can determine what the law actually means. When the Code states a proposition of law, a court is not bound by it — the court can reject the EHRC's interpretation if it disagrees.

This is important because some commentators have treated the Code as though it were primary legislation. It is not. It is the EHRC's interpretation of the law, presented in a formal document.

The For Women Scotland Problem

One significant weakness in the Code is that it explicitly acknowledges it does not fully address the implications of the Supreme Court's judgment in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16.[3] That judgment ruled that 'sex', 'woman' and 'man' in the Equality Act 2010 mean biological sex as established at birth — not legal sex as recognised by a Gender Recognition Certificate (GRC).

Paragraph 2.51 notes:

"This Code only relates to the application of the Equality Act 2010. It does not deal with the implications of the For Women Scotland judgment for the operation of the Act."[3:1]

This means the Code is, in important respects, operating in a legal landscape that has been changed by a Supreme Court decision — but the Code itself has not fully grappled with what that change means. This is a point of ongoing legal uncertainty, not a settled new reality.

The Duty to Have Regard

Although the Code is not law, there is a sense in which it carries weight. Public authorities have a duty to have regard to statutory codes of practice in carrying out their public sector equality duties.[4] Service providers and others who ignore the Code entirely may find it harder to justify their decisions if challenged. But "having regard" is not the same as "must follow." It means the Code must be considered — which is different from being obeyed.

2. Negative Impacts on Trans Women

Single-Sex Services: The Core Problem

The most significant negative impact on trans women arises from Chapter 13 of the Code, which governs exceptions for single-sex services. The Code states that where services are provided separately for women and men, or exclusively for women, a trans woman (who is, for the purposes of the Act, male)[5] can be excluded from women-only services.

The legal basis for this is the For Women Scotland interpretation of "sex" in the Equality Act: because a trans woman's sex is male, she can lawfully be excluded from services intended for women.[5:1] Paragraph 13.119 states:

"In separate or single-sex services, a trans man will be excluded from the men-only service because his sex is female, and a trans woman will be excluded from the women-only service because her sex is male."[5:2]

This is presented as flowing directly from the definition of sex in the Act. Whether this is legally correct is a matter the courts have not fully settled — but this is what the Code says.

Practical Consequences for Trans Women

The practical consequences depend on the type of service:

Communal accommodation (dormitories, shared sleeping accommodation) can be provided on a single-sex basis.[6] Trans women can be excluded from women's communal accommodation, provided the exclusion is a proportionate means of achieving a legitimate aim.[6:1]

Services for particular groups (such as women's refuges, support groups for survivors of domestic violence) can be restricted to women only, and a service provider can have a reasonable objection to a trans woman accessing the service.[7] Paragraph 13.145 frames this as a case-by-case judgment:

"It will be for the service provider to determine whether they have a reasonable objection to a trans woman accessing the service... The service provider should consider all relevant circumstances, including the nature and purpose of the service, the means available for alternative provision, and the impact on the trans person of being excluded."[7:1]

** gyms, leisure centres, and similar facilities** can provide single-sex changing rooms. The Code explicitly recognises that a trans woman using a women's changing room could be lawful grounds for objection by others using the service.[8]

Sports and competitive activity is covered in detail. Trans women should not, the Code says, be included in single-sex competitions for women in gender-affected activities.[9] Paragraph 13.73 states:

"Trans people should not be included in single-sex or separate-sex competitions for the sex with which they identify."[9:1]

This applies even where the trans woman has a GRC. The Code is clear that a GRC does not change a person's sex for the purposes of the Equality Act 2010.[10]

The Chilling Effect

Perhaps the most significant harm is not legal but practical: a chilling effect. The Code provides cover — even if imperfect — for service providers, landlords, employers, and others to exclude transgender people. Even where such exclusion would ultimately be found unlawful, transgender people may find themselves fighting exclusion on a case-by-case basis, at personal cost, over and over again.

3. Negative Impacts on Trans Men

Being Treated as Women

Trans men face a distinctive problem: because their sex is legally female, they can be excluded from services intended for men — and they can also be excluded from women-only services if the service provider has a reasonable objection.[7:2]

In practice, this means a trans man may find that:

  • Men-only services are not available to him (because his sex is female)[5:3]
  • Women-only services may exclude him if the provider has a reasonable objection[7:3]

This creates a form of legal limbo: excluded from both options, with no guaranteed place. This is not a hypothetical. Paragraph 13.950 gives an example of a trans man being excluded from a women-only service because of the provider's reasonable objection.

The Sport Provision

The Code's treatment of trans men in sport is particularly harsh. Paragraph 13.81 gives an example of a trans man who has undergone testosterone treatment being lawfully excluded from a women's boxing competition because of concerns about increased muscle mass and strength.[11]

The Code acknowledges that this creates a double bind: trans men cannot compete in men's events (because their sex is female), and they may be excluded from women's events (because of their hormone history).[12] Paragraph 13.82 acknowledges:

"The combined effect of the exceptions relating to sex and gender reassignment under subsections 195, paragraphs 1 and 2 of the Act may impose significant limitations on the ability of some trans people to participate in some gender-affected activities."[12:1]

This frank acknowledgment by the EHRC itself that the law creates "significant limitations" is notable. It is not a celebration of exclusion — it is a recognition of a problem.

Domestic Violence and Specialist Services

Trans men who have experienced male violence may face barriers accessing services designed for survivors. A trans man who identifies as male but whose sex is female could be excluded from men's services — and might face objections from providers of women's services on the basis that he is perceived as a man.[13] Paragraph 13.150 gives an example of a trans man being excluded from a women's survivors' group on this basis.[13:1]

4. Positive Aspects and Potential Tools

It would be dishonest to present this article without acknowledging that the Code contains some provisions that can work in transgender people's favour. They are not always strong enough, but they exist.

The Proportionality Requirement

The central argument against exclusion is proportionality. The Code repeatedly states that exclusions from single-sex services must be a proportionate means of achieving a legitimate aim.[14] This is not a trivial requirement. Service providers must:

  1. Identify a genuine legitimate aim (such as safety, privacy, or dignity)[15]
  2. Demonstrate that excluding trans people is a proportionate way to achieve that aim[15:1]
  3. Consider whether less intrusive alternatives are available[16]

Paragraph 13.120 explicitly states:

"The service provider (or person providing a service in the exercise of public functions) should consider whether the disadvantage to trans people, and any other people who may be disadvantaged, outweighs the benefits of achieving the legitimate aim. They should also consider whether there is a less intrusive option than excluding trans people which would be proportionate."[16:1]

This is a genuine legal tool. A service provider who has not considered alternatives, who has not weighed the impact on the trans person, or who has simply applied a blanket exclusion policy without individual assessment, may be acting unlawfully.

Mixed and Alternative Service Provision

The Code repeatedly encourages service providers to offer mixed-sex alternatives alongside single-sex services.[17] Paragraph 13.122 is explicit:

"In many cases, it will be proportionate to take a holistic approach to service provision by providing a mix of services which may include both separate or single-sex services and mixed-sex services."[17:1]

This means that even where a single-sex service is lawfully provided, transgender people can argue for mixed-sex alternatives to be made available. Paragraph 13.123 gives an example of a shopping centre being required to provide individual lockable toilets alongside separate-sex toilets.[18] Paragraph 13.132 makes clear that mixed-sex facilities "must be open to all service users."[19]

The Reasonable Adjustments Duty

While the Code's treatment of disability reasonable adjustments is primarily aimed at disabled people, the general framework of reasonable adjustments — anticipating barriers and removing them — can be invoked more broadly. A trans person who requires an adjustment to access a service (for example, a trans woman who needs to use a female-changing room to access a gym safely) can argue for that adjustment as part of a general duty to provide services without discrimination.

Positive Action by Associations

Associations (clubs, membership organisations) can take positive action to increase participation by groups with protected characteristics.[20] This could, in principle, include steps to increase trans people's participation — though it would need to be framed carefully.

The Code Is Not the Law

The most important positive point is one of legal principle: the Code is not the law. Courts and tribunals are not bound by it. Where the Code states that an exclusion is lawful, a court may disagree. The law on gender reassignment, single-sex services, and the interaction between them is not settled. The EHRC has offered its interpretation — but that interpretation has not been tested in all the contexts the Code covers.

This matters. A transgender person who is excluded from a service and challenges that exclusion is not fighting against the law. They are fighting against one organisation's interpretation of the law. That challenge may succeed.

5. Advice for Transgender People

Know Your Rights

The first piece of advice is to understand what protection you do have:

  • Direct gender reassignment discrimination is still unlawful. A service provider who treats you worse because of your gender reassignment is acting unlawfully, full stop.[21]
  • Indirect gender reassignment discrimination occurs where a policy puts trans people at a particular disadvantage and cannot be justified.[22] This applies even where the policy is not explicitly about trans people.
  • Harassment related to gender reassignment is still unlawful.[23]
  • Victimisation for complaining about discrimination is still unlawful.[24]

These protections have not been removed by the Code. The Code describes them accurately. The question is how they interact with the exceptions — and that question is genuinely contested.

Before You Accept Exclusion: Ask About Proportionality

If you are told you cannot use a service:

  1. Ask why. Service providers must be able to explain their reasoning. They cannot simply say "the Code says so."
  2. Ask about alternatives. Have they considered a mixed-sex option? Individual facilities? Any less intrusive approach?
  3. Ask for their policy in writing. The Code states it is good practice to record the reasons for decisions on single-sex services.[25] If they have not recorded their reasoning, that itself is a problem for them.
  4. Ask who made the decision and on what basis. Paragraph 13.145 says individual circumstances must be considered. A blanket policy decision may be unlawful.

Document Everything

If you experience discrimination or exclusion:

  • Write down what happened, when, and who was involved
  • Keep copies of any correspondence
  • Note the names of staff involved
  • Record the date and time
  • If possible, get the name of any witness

This documentation will be essential if you decide to make a formal complaint or bring a legal claim.

Making a Complaint

The stages of complaint are:

  1. Internal complaint to the service provider. Many organisations have complaints procedures. Use them.
  2. The EHRC. The EHRC has powers to investigate and enforce equality law. You can report a concern through their website.
  3. County Court or Sheriff Court (for civil claims). You do not need a solicitor to bring a claim, though legal advice is strongly recommended.
  4. Employment Tribunal (for employment-related discrimination). There is no fee to bring a claim.

For some issues, the Advicelink service run by Citizens Advice or equivalent organisations in your area may be able to help.

Given the genuine legal uncertainty in this area, legal advice is strongly recommended before taking formal action. Organisations that may be able to help include:

  • The Equality Advisory Support Service (EASS): 0800 880 0082 (free)
  • Citizens Advice: www.citizensadvice.org.uk
  • Liberty (for civil liberties matters)
  • TransActual (for trans-specific advice and support)
  • Rainbow Migration (for asylum and migration matters affecting LGBTQ+ people)

Law centres and housing law specialists may also be able to help, particularly where the issue involves housing, benefits, or other areas where legal aid may be available.

Accessing Services: A Practical Framework

In practice, the question of whether a service provider can exclude you is not answered simply by the Code. It requires answering several questions:

  1. What is the service? (Is it a single-sex service, a separate service, or a mixed service?)
  2. What is the service provider's stated reason for exclusion?
  3. Is that reason a genuine legitimate aim (safety, privacy, dignity)?
  4. Is excluding you a proportionate way to achieve that aim?
  5. Did the service provider consider less intrusive alternatives?
  6. Did the service provider assess your individual circumstances, or apply a blanket rule?

If the answer to questions 3–6 is that they did not properly consider your individual circumstances and alternatives, then the exclusion is more likely to be unlawful.

Mental Health and Wellbeing

It is worth saying explicitly: the anxiety this Code has caused is understandable, but it should not dominate your life. The Code does not change the fundamental protections you have. Much of what it describes was already the law — or was already uncertain. The EHRC has put its interpretation into a formal document; that document is guidance, not law.

If the Code is causing you significant distress, please talk to someone. The Samaritans can be reached at 116 123 (UK, free). MIND can provide mental health support. TransActual and other trans-led organisations can connect you with peer support.

6. Conclusion

The EHRC Code of Practice 2026 represents a detailed — and in places, concerning — statement of the EHRC's interpretation of how the Equality Act 2010 applies to single-sex services and transgender people. It codifies the For Women Scotland principle that a person's sex for the purposes of the Act is their biological sex, and it provides detailed guidance on how service providers can lawfully exclude transgender people.

But the Code is not the law. It does not impose new obligations. Courts are not bound by it. And where it states that exclusions are lawful, that is the EHRC's interpretation — not a binding determination.

The law in this area is genuinely uncertain. The Code has not settled it. What the Code has done is provide a target for challenge: every blanket exclusion, every failure to consider alternatives, every failure to assess individual circumstances, is a potential legal claim.

The most important thing transgender people can do is know their rights, document everything, and seek advice when they need it. The law still protects you. The question is how the courts will apply it — and that question remains open.

References and Bibliography

Primary Sources

  • Equality and Human Rights Commission, Equality Act 2010 Code of Practice: Services, Public Functions and Associations (Statutory Code of Practice, May 2026) — hereafter "the Code"
  • Equality Act 2010
  • Equality Act 2006
  • Gender Recognition Act 2004
  • For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16

Endnotes

This article is intended as a practical guide for transgender people and those who support them. It is not legal advice. The law in this area is genuinely uncertain. If you need legal advice, please contact a qualified legal adviser or one of the organisations listed in this article.

  1. Code, Chapter 1, paragraph 1.5. ↩︎
  2. Code, Chapter 1, paragraph 1.6. ↩︎ ↩︎ ↩︎ ↩︎ ↩︎
  3. Code, Chapter 2, paragraph 2.51. ↩︎ ↩︎
  4. The duty to have regard arises under the public sector equality duties in Part 11 of the Equality Act 2010 and associated regulations for England, Scotland, and Wales. ↩︎
  5. Code, Chapter 13, paragraph 13.119. ↩︎ ↩︎ ↩︎ ↩︎
  6. Code, Chapter 13, paragraphs 13.154–13.159 (Communal Accommodation). ↩︎ ↩︎
  7. Code, Chapter 13, paragraph 13.145. ↩︎ ↩︎ ↩︎ ↩︎
  8. Code, Chapter 13, paragraph 13.130; see also the example at paragraph 13.132. ↩︎
  9. Code, Chapter 13, paragraph 13.73. ↩︎ ↩︎
  10. Code, Chapter 2, paragraphs 2.49–2.50. ↩︎
  11. Code, Chapter 13, paragraph 13.81. ↩︎
  12. Code, Chapter 13, paragraph 13.82. ↩︎ ↩︎
  13. Code, Chapter 13, paragraph 13.150. ↩︎ ↩︎
  14. Code, Chapter 13, paragraph 13.111. ↩︎
  15. Code, Chapter 13, paragraphs 13.113–13.116. ↩︎ ↩︎
  16. Code, Chapter 13, paragraph 13.120. ↩︎ ↩︎
  17. Code, Chapter 13, paragraph 13.122. ↩︎ ↩︎
  18. Code, Chapter 13, paragraph 13.123. ↩︎
  19. Code, Chapter 13, paragraph 13.132. ↩︎
  20. Code, Chapter 12, section 158 (Positive action by associations). ↩︎
  21. Code, Chapter 4 (Direct discrimination because of gender reassignment). ↩︎
  22. Code, Chapter 4 (Indirect discrimination because of gender reassignment). ↩︎
  23. Code, Chapter 8 (Harassment). ↩︎
  24. Code, Chapter 8 (Victimisation). ↩︎
  25. Code, Chapter 13, paragraph 13.129. ↩︎