Equality Act Single-Sex Spaces: What the High Court Ruling Means for UK Employers

Published : February 20, 2026

The High Court has ruled against the Good Law Project, which claimed that guidance on Equality Act single-sex spaces from the nation’s equality watchdog was unlawful. While the interim advice shaped employment changes for some individuals, the court found that there had been “no error of law” by the Equality and Human Rights Commission.

Read on as we examine the High Court single-sex spaces ruling and what it means in practice. We discuss how employers can avoid liability, and the steps individuals can take if they believe their rights are breached.

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The High Court Single-Sex Space Ruling

Earlier this month, the High Court dismissed a legal challenge from the Good Law Project (GLP) against the Equality and Human Rights Commission’s (EHRC) interim guidance on Equality Act single-sex spaces. Said guidance followed the Supreme Court’s ruling in For Women Scotland Ltd v The Scottish Ministers, which held that the terms “man”, “woman” and “sex” in the Equality Act 2010 refer to biological sex, and addressed how organisations might approach access to gendered facilities.

The EHRC single-sex guidance was initially published in April 2025, amended in June, and removed on 15 October. Following its publication, though, the GLP and three anonymous individuals initiated proceedings, claiming the equality watchdog’s advice was “legally flawed.”

However, the High Court dismissed this claim. While it accepted that the anonymous individuals’ cases weren’t merely academic, since they faced lavatory use changes based on the interim update, it ruled the prompt issuing of said guidance contained “no error of law.” Amendments to the EHRC’s Code of Practice were likely to take some time, and the equality watchdog only intended to provide some clarity in the meantime.

Read More: Leaked EHRC Code of Practice Suggests Appearance-Based Decisions on Single-Sex Spaces

Furthermore, despite the GLP having a “sincere interest” in the issue, the High Court found that it wasn’t directly impacted by the decision. Consequently, it was determined that the GLP lacked the standing required to bring a claim.

Reaction to the Judgment

After the ruling, the EHRC’s chair, Dr Mary-Ann Stephenson, said, “We welcome the court’s conclusion that the interim update was lawful and the EHRC did not act in breach of its statutory duties.” She explained how the guidance came following a “high level of demand” for clarity and concerns that, without it, a lack of compliance with the law could result.

The GLP, however, insisted that it would appeal the decision. Its director and founder, Mr Jolyon Maugham, said, “I urge the judiciary to listen harder to what trans people say about what their lives have become.”

What the Equality Act Single-Sex Spaces Ruling Means for Employers

Unfortunately, although the High Court reached a decision in the dispute concerning Equality Act single-sex spaces, much uncertainty remains. It was confirmed that a service provided to both men and women wouldn’t constitute a single-sex service, but aside from this, much sought-after clarity wasn’t forthcoming.

From an employer’s perspective, this means remaining cautious regarding workplace single-sex facilities law. Competing legal considerations, including the rights of individuals to single-sex spaces and the rights of transgender employees not to be treated less favourably due to gender reassignment, must be carefully assessed.

Until future guidance is provided regarding how employers should interpret the Supreme Court’s ruling, organisations should remain flexible. Considering circumstances on a case-by-case basis and obtaining specialist legal advice are likely the most advisable routes to remain compliant.

Practical Steps To Avoid Liability

Until further clarity is provided concerning Equality Act single-sex spaces, employers should take proactive steps to ensure compliance. First, they should review policies on equality, dignity, and access to facilities to ensure they reflect current law and guidance. Any decisions should be supported by documented risk assessments that demonstrate why a particular approach is proportionate and justified.

Furthermore, a blanket rule or “one-size-fits-all” approach should be avoided. As mentioned earlier, it’s likely more appropriate to assess each case individually and provide suitable alternatives, where necessary and practical.

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Managers should also be trained on current legislation and guidance to ensure they understand how to handle such matters. Doing so equips them with the knowledge of what to say and how to act, to remain respectful and lawful.

Above all else, though, a culture of inclusivity and diversity should be encouraged and maintained. By ensuring that discrimination, harassment, and other forms of mistreatment aren’t allowed to go unchecked, employers can foster a working environment where everyone feels valued and respected, leading to greater productivity and reduced liability.

Equality Act Single-Sex Spaces: What to Do if Your Rights are Breached

If an individual believes their rights have been breached due to an employer’s interpretation of the workplace single-sex facilities law, it’s essential that they take swift action. Making a claim may be a last resort, but it requires strict adherence to time limits.

In the first instance, it’s usually advised to consider internal avenues. Depending on the circumstances, this could include having an informal chat with HR or raising a formal grievance. While both channels offer an opportunity to resolve the matter quickly, the latter imposes additional obligations on the employer regarding its response.

Where internal avenues are unsuccessful, Acas early conciliation could then be initiated. This free and independent process is usually necessary before a claim can be brought. Importantly, it also stops the clock on bringing a claim, providing more time to settle without escalation.

However, where all other steps have failed to provide a satisfactory outcome, legal proceedings can be initiated. To proceed, specific time limits and eligibility criteria must be met. If successful, compensation, among other remedies, may be awarded.

Get Help with Redmans

If you want specialist legal help with your case, contact Redmans Solicitors. Our employment law team is here to help and provide expert advice. Following a consultation, we can discuss your options, including potential eligibility to claim, and guide those eligible through the process.

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The information on this page is intended for general informational purposes only and does not constitute legal advice.