Published: March 2026
This is one of those topics where people are worried about getting it wrong.
The law is evolving and guidance is shifting. Most employers are just trying to do the right thing without ending up in a tribunal.
So here’s a clear, no-jargon breakdown of where things currently stand regarding single-sex spaces and what you actually need to be thinking about as an employer, training provider or organisation.
What’s changed? The Supreme Court decision (April 2025)
In April 2025, the UK Supreme Court made a key clarification in the case For Women Scotland Ltd v The Scottish Ministers.
In simple terms, the court confirmed that under the Equality Act 2010:
“Sex”, “woman” and “man” refer to biological sex
This is separate from gender identity, even where someone has a Gender Recognition Certificate (GRC).
This does NOT remove protections for individuals with the protected characteristic of gender reassignment.
Those protections are still very much in place.
What this ruling does do is affect how organisations think about single-sex spaces, such as:
Toilets
Changing facilities
Certain services or provisions
What are employers supposed to do?
This is where it gets a bit messy.
The Equality and Human Rights Commission (EHRC) is responsible for providing guidance… but currently, we’re in a bit of a “holding pattern”.
What’s happened so far:
An interim update was released in April 2025
It was later withdrawn in October 2025
A High Court ruling confirmed that the interim guidance was legally accurate at the time
And now?
We’re waiting for updated statutory Codes of Practice to be approved by Parliament. 🙃
What you should be doing as an employer
Until clearer guidance lands, the expectation is not perfection… it’s reasoned, evidence-based decision making.
The EHRC’s current position is clear:
Follow current legislation (Equality Act 2010, Human Rights Act 1998, Workplace Regulations)
Seek specialist legal advice where needed
Keep policies up to date with the latest available guidance
Avoid relying on outdated interpretations (this is correct as of March 2026)
What are tribunals looking at?
Recent employment tribunal cases are starting to give us some clues.
They are not legally binding precedents, but they do show how these situations are being judged in practice.
Tribunals are focusing on whether employers have:
✔ Balanced the rights of different protected groups appropriately
✔ Applied policies fairly and proportionately
✔ Managed complaints and grievances properly (and promptly)
✔ Avoided creating a hostile or degrading environment
In other words…
This is about how you make and handle the decision you make rather than the decision itself.
What this means in practice
This is not a “one size fits all” situation.
Two organisations could take different approaches and both be compliant… as long as they can evidence that their decision:
Is lawful
Is proportionate
Has considered all relevant risks and impacts
This is where a lot of businesses fall down: because they haven’t documented their thinking or don’t fully understand the legal framework.
Our advice at The EMG
This is exactly the kind of situation where strong policies, confident leadership and good staff training make all the difference.
If you’re unsure, start with:
Reviewing your Equality and Diversity policy
Checking your facilities and risk assessments
Ensuring managers know how to handle sensitive conversations and complaints
Keeping a clear audit trail of decisions
How The EMG can support you
At The EMG, we support organisations to navigate complex, real-world workplace challenges like this without overcomplication.
If this topic has raised questions for you, our workshops can help:
✔ Equality, Diversity and Inclusion
Builds practical understanding of protected characteristics, rights and responsibilities in the workplace.
✔ Difficult Conversations Workshop
Perfect for managers handling sensitive issues, complaints or team tensions with confidence and professionalism.
✔ Leadership and Management Training
Supports decision-making, policy implementation and managing risk in complex situations.
All of our sessions are:
Practical
Scenario-based
Delivered without jargon or judgement
Available via Zoom or face-to-face
👉 You can explore all workshops here.
Final thought
This area of law is still evolving… and it will continue to.
You are not expected to have all the answers overnight.
But you are expected to:
Stay informed
Act reasonably
Treat people fairly
And make decisions you can stand behind
If you are doing that, you're on the right track.
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