Equality Act 2010: Code of Practice

Nadia Whittome Excerpts

Monday 1st June 2026 Commons Chamber

[Seema Malhotra]

I thank the hon. Lady for her comments and question. I again highlight how the draft code does provide further clarity on how service providers can follow the Supreme Court ruling in practice, and we can ensure that we both protect single-sex spaces and have services and support for trans people. It is important to recognise that although it cannot cover every scenario, the EHRC has provided key explanations and worked examples, also based on wide consultation, that every organisation can take and apply in its own context with common sense. If a service provider is not sure, it can and should take legal advice.

I also want to mention the burden on business. The EHRC expects that for most aspects of the draft code, businesses will already be compliant, and for some businesses there will be no cost at all. For example, a small café might have one individual lockable toilet for use by all customers, and it would not need to change anything. It may be helpful for the House to know that the EHRC will be running a session to answer questions from Members of Parliament later this week, and there may be some matters that the hon. Lady wishes to raise directly.

[Nadia Whittome (Nottingham East) (Lab)]

The EHRC code of practice fails everyone. It effectively pushes trans people out of public life, it subjects all women to gender policing based on stereotypes, and it does not provide clarity to organisations that want to be trans-inclusive. For example, a charity that wants to put on a women’s coffee morning that is open to the public cannot, according to the guidance, be trans inclusive without being open to the whole public. The Government’s equality impact assessment warns of the disproportionate risk of violence and sexual assault towards trans women if they are forced to use men’s services, as well as the increased harassment of anyone who does not conform to gender stereotypes. Why are the Government pushing ahead with this? Why not instead withdraw the guidance, and legislate to clarify that the Equality Act 2010 was always intended to be trans inclusive? For goodness’ sake, it was passed after the last Labour Government passed the Gender Recognition Act in 2004.

[Seema Malhotra]

The Government are proud of the Equality Act, and we will always protect and uphold it. I want to pick up on my hon. Friend’s question about associations, because it is clear in the draft code that if an association is, and describes itself as, for women only, the draft code indicates that that should be on the basis of biological sex. However, if an association wants to be trans-inclusive, it does not say that its services need to be open to absolutely everybody. The draft code’s section on associations based on more than one protected characteristic means that they can do so by choosing their membership by both sex and gender reassignment. It is important that we continue to ensure that that is as clear as possible.