EXCLUSIVE: Guidance on the use of single-sex spaces is set to come into force on August 5 almost 18-months after the landmark Supreme Court ruling on biological sex.

17:09, Tue, Aug 4, 2026 Updated: 17:09, Tue, Aug 4, 2026

SUPREME COURT BIOLOGICAL SEX RULING APRIL 16, 2025

The Supreme Court ruled the definition of woman and sex in the Equality Act refers to biological sex (Image: Getty)

From tomorrow use of single-sex toilets, changing-rooms, hospital wards and refuges must be used based on sex assigned at birth rather than the gender with which they identify.

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The landmark judgement stated that biological sex is irrefutable in terms of the Equality Act which provides legal workplace protection.

But there are major concerns as to how it will be enforced and whether the law will be upheld.

Helen Joyce, director of advocacy at sex-based rights charity Sex Matters, said: “Now that the Equality and Human Rights Commission (EHRC) code of practice has come into force, the organisations which parroted that they were ‘waiting for guidance’ in order to avoid simply telling trans-identifying men they cannot use women’s services and facilities are all out of excuses.

“It is a disgrace that many public sector bodies – organisations funded by the public to work for the public good – have been among the worst offenders acting in defiance of the Supreme Court ruling.

“The contempt displayed for women’s rights and safety by public services such as the NHS and police forces, as well as by councils and Westminster departments, is sure to have undermined women’s confidence in the government and the rule of law.”

Women’s rights campaigner and author J.K. Rowling has been a leading voice in exposing the sinister attempt of woke public sector policies which continue to prioritise ideology over reality.

JK ROWLING

Harry Potter author JK Rowling has been a vocal advocate of single-sex spaces (Image: Getty)

The EHRC was forced to undertake a major update of the existing code of practice – first published in 2011 – to reflect the definition of sex in the wake of the Supreme Court ruling in For Women Scotland v The Scottish Ministers.

The bloated public sector - which now employs more than 6m - was told to adhere to the law immediately after yet critics claim it has resisted progress meaningful progress.

The EHRC said: “We have been clear that service providers, associations and public functions should not wait for the code of practice to be published to make any changes needed to comply with the law. As duty-bearers they must assure themselves of their legal responsibilities in their own specific circumstances and seek independent legal advice where necessary.”

The code, which covers England, Scotland and Wales, confirms a service must be used on the basis of biological sex in order for it to be classed as single-sex under the Equality Act.

Providers will be allowed to exclude trans people from single-sex spaces if they decide other users could object to their presence. It means men identifying as women have no right to be in a female-only space, like a leisure centre changing room. If providers allow trans women into women-only spaces it will not legally be regarded as a woman-only space.

It is estimated that 13,000 toilets and more than 5,000 changing rooms could have to be revamped at gyms, hospitals and leisure centres, while at least 18,000 signs might also need to be changed in order to comply.

Restaurants, leisure centres, hairdressers, councils, and sports clubs are among those affected.

EHRC guidance was first sent to the Government in September 2025 but it has taken almost 18-months to reach this point with the Labour government blamed for failing to protect women-only spaces.

According to the updated code a trans woman - a biological male who identifies as a woman - is not allowed to use female toilets or changing rooms. Instead transgender people should be offered a third or a gender-neutral space.

Tory Peer Baroness Davies of Devonport said: “The ruling was crystal clear yet too many public bodies continue to ignore women’s rights, safeguarding, and see the law as ideology rather than something to be applied.

“Single sex changing rooms should be a right but too many women and children continue to be put at risk because public bodies know this pathetic government will do nothing about it.

“There are literally hundreds of service providers, like swimming pools and leisure centres, who are clearly breaking the law by not making changing rooms sex based.

“And those who think this is a trivial issue should think again.”

A Government spokesperson said: “The Equality and Human Rights Commission’s updated Code of Practice for Services, Public Functions and Associations has now come into force.

“The Equality Act 2010 is the law and we welcome organisations having clear statutory guidance to help them follow it while protecting and serving the needs of the public.”