While we are not a regulatory body, we do promote safe and inclusive practices among all ukactive members. We want all facilities to provide a safe and welcoming environment for All.
As such, the Equality and Human Rights Commission (EHRC) released guidance on ‘Separate and single-sex service providers: a guide on the Equality Act sex and gender reassignment provisions’. This guidance has been created to help organisations to make lawful decisions about any services they offer to women and men separately or differently. The guidance explains the permitted sex and gender reassignment exceptions in the Equality Act 2010. It covers a range of scenarios, including where organisations are providing facilities which are shared by their service users and their own staff.
During the creation of this guidance, ukactive spoke to EHRC, and asked that there were sector specific examples for our sector, including changing rooms and single sex classes/sessions.
To be clear this is not intended to provide technical legal advice on all scenarios and sectors. Instead, it will encourage service providers to use the information to create policies that are both legal and balance the needs of the different groups they serve.
ukactive will continue to work with the EHRC and if you have any feedback on the guidance, please let us know (on info@ukactive.org.uk) and we will be able to feed back to EHRC.
Update regarding Transgender Guidance: Wednesday 30 April 2025
On Wednesday 16 April 2025 the UK’s Supreme Court announced the ruling that the interpretation of the terms woman and sex in the Equality Act refer to a biological woman and biological sex. The ruling also states that transgender people still have legal protection from discrimination and harassment through the protected characteristic of gender reassignment. This ruling has prompted further review of the current sector guidance published by ukactive and the Chartered Institute for the Management of Sport and Physical Activity (CIMSPA).
While the review is underway and, based on legal advice, we have removed this guidance document, titled ‘Guidance For Front Line Staff To Assist Trans People To Access Leisure Facilities’.
A working group of industry leaders has been formed to consider the implications of the ruling for the sector and work has begun to review and update the guidance, which will be finalised once the Equality and Human Rights Commission (EHRC) has provided its updated code of practice (expected June 2025). The EHRC is Britain’s independent equality and human rights regulator, therefore its code will be essential for ensuring guidance remains lawful and fair.
The previous guidance was designed to help inform the policies of facility operators. It is advised that operators’ current policies are also placed under review until the new guidance, informed by the EHRC’s new code of practice, is issued. We caution against implementing new policies in haste or informed by any advice that is not independently or directly commissioned.
In the interim period, we recommend that facility operators manage situations on a case-by-case basis, acting with sensitivity and understanding to continue to ensure all customers are treated with dignity and respect, and are supported while policies are under review. The EHRC states that employers and other duty-bearers must follow the law and should take appropriate specialist legal advice where necessary. Please refer to the interim update provided by the EHRC on Friday 25 April for further information until full guidance is provided – the interim update is available here.
ukactive remains committed to working with all partners and groups to ensure the sector continues to provide services that are welcoming and inclusive for everyone. If you require further support, please get in touch at info@ukactive.org.uk