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A simple guide to the new EHRC guidance, what it says, what it doesn't say, and what it means for trans+ people, allies and organisations.
New guidance from the EHRC (the Equality and Human Rights Commission) comes into effect on 5 August 2026. This now replaces older guidance from 2011. It’s important to remember that this is guidance, not a new law. It doesn’t create any criminal offences.
The guidance states that trans+ people should use bathrooms and single sex spaces that are aligned with their sex assigned at birth, if there is no third space and only single sex facilities are available. This applies whether not someone has a gender recognition certificate.
There is no law that makes it illegal for a trans+ person to use a toilet in the UK. However, if an organisation breaks the rules, they can be challenged in civil court, but nobody can be arrested for it.
The starting point is that most services should stay mixed, not separated by sex. If a business or organisation wants to make something single-sex only, they have to show a good reason for it, such as safety or privacy, and prove there wasn’t a fairer way to do it. Saving money is not counted as a good enough reason for trans+ exclusion.
The EHRC guidance also says that organisations should judge each situation individually, not apply a blanket rule to everyone. It says staff shouldn’t be stopping people and questioning them in everyday situations, like using a toilet. And it says leaving trans+ people with nowhere to go at all is very unlikely to be allowed.
That doesn’t mean that this guidance is good news. Groups like TransActual and Good Law Project have said it leaves trans+ people with fewer protections than before, and they expect it to be challenged in court for years to come. But it does not tell every business or service to ban trans+ people. A business or service that does that anyway is breaking the law.
You do not have to prove anything about your sex assigned at birth just to use a toilet. The guidance clearly discourages staff from questioning people about their gender identity.
If somewhere leaves you with no facilities you can use at all, that is a problem. The guidance says this is very unlikely to be justified. It’s worth writing down what happened and, where you can, pushing back.
A short, personal message means more than people think, and it’s one of the clearest ways to help change things. Visit They Work For You to find who represents you and how to contact them.
Good Law Project is appealing against the EHRC’s guidance. Groups like TransActual do ongoing casework. Your donations help fund the lawyers who make that possible.
TransLucent has also served formal legal notice on the Equality and Human Rights Commission (EHRC) and the Secretary of State for Women and Equalities, setting out their intention to seek a judicial review of the EHRC’s Draft Code of Practice for Services, Public Functions and Associations.
Sign up and attend the Mass Lobby for Trans Equality on September 9 2026. Join Trans+ Solidarity Alliance at Parliament and try to speak to your MP face-to-face. A Mass Lobby is a single day where we attend Parliament en masse and make our elected representatives look us in the eye as we demand they take action.
Choose places that treat all people fairly, and tell them when they get it right. Leaving an honest review, good or bad, is completely legal.
Toilet Map UK lists over 14,000 public toilets and lets you filter for gender-neutral ones. Share it with anyone who might need it.
If you see someone being questioned or made to feel unwelcome, standing next to them or simply not looking away can make a real difference.
You’re not required to make everything single-sex. A blanket ban made without good reason could get you into legal trouble, not out of it. Remember that the starting point is that most services should stay mixed, not separated by sex.
If you do decide something should be single-sex, be clear on why, check whether there’s a fairer option, and keep a record of your reasoning. That record is what protects you if you’re ever challenged.
Whatever you decide, make sure everyone still has somewhere they can use. The guidance is clear that leaving someone with no option at all is very unlikely to hold up if challenged.
Staff aren’t expected to check anyone’s sex to let them use a toilet. Doing that risks a harassment complaint, on top of the damage to your reputation.
This area of law is still being worked out. Rushed decisions are already creating legal problems for businesses, not solving them.
Take the first step with Anne Health.
We’re here to guide and support you with inclusive, gender-affirming care built around you.