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EHRC guidance does not cover workplaces, minister confirms

Minister Bridget Phillipson confirms new EHRC guidance does not apply to workplaces. Employers still wait for direction following April's 'biological sex' court ruling.

RainbowNews EditorialApril 17, 20263 min read
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Women and Equalities Minister Bridget Phillipson says new EHRC guidance does not apply to workplaces. The Equality and Human Rights Commission recently updated its code of practice.

Employers have waited for clear guidance since April 2025. A court ruling said 'sex' in equality law means 'biological sex' only. This affected policies about single-sex spaces in many organizations.

The EHRC is the UK's equality watchdog. It gives guidance on how equality laws should work in practice. Many employers wanted to know how the April ruling would change their policies.

Single-sex spaces include toilets, changing rooms, and some services. The court decision created confusion about transgender people's access to these spaces. Employers were unsure how to update their workplace policies.

Phillipson's statement means the new EHRC code does not give direct guidance for employers. Workplaces will need to look elsewhere for policy direction. The minister did not say when workplace-specific guidance might come.

The April 2025 ruling was about interpreting the Equality Act 2010. This law protects people from discrimination in the UK. It covers areas like employment, education, and public services.

The ruling has affected transgender rights discussions across the country. Some groups welcomed the decision while others opposed it. Legal experts say more clarity is still needed for employers.

Many organizations have reviewed their equality policies since the ruling. Some have updated their guidance while others wait for official direction. The lack of workplace-specific guidance continues to create uncertainty.

RE

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