On Thursday, May 21, 2026, the Equality and Human Rights Commission (EHRC) published an updated code of practice, sparking backlash from the trans community. Stephen Whittle, a prominent trans activist, described the guidance as 'kind of humiliating' while attending the Chelsea Flower Show with his wife.
The code clarifies that service providers can legally exclude trans people from single-sex spaces if deemed 'proportionate' to achieve a legitimate aim, such as privacy or safety. This follows a 2025 High Court ruling that 'sex' in the Equality Act 2010 refers to biological sex.
Whittle, a former professor of law at Manchester Metropolitan University, told the Guardian: 'It feels like we're being pushed back decades.' The EHRC stated the code aims to balance rights, but trans advocacy groups warn it could increase discrimination.
As of May 2026, the code is subject to parliamentary approval, with a vote expected in June. The government has not yet commented on the timeline.