EHRC
Guidance for providers of single-sex services and spaces
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.
Please see below updates on the most recent developments on this agenda.
ukactive remains committed to working with all partners and groups to ensure the sector continues to improve services for everyone.
If you require further support, please get in touch at info@ukactive.org.uk
Wednesday 15 July 2026 update:
The Minister for Women and Equalities has made an order for the Equality and Humans Right’s Commission’s code of practice (on services, public functions and associations) to be brought into force on 5 August 2026.
This follows the equality watchdog’s code being subject to Parliamentary process and scrutiny.
ukactive has updated its sector guidance to align with the new code and this is now under review by legal experts and sector representatives.
More details will follow shortly, as well as associated support, for ukactive members.
Thursday 21 May 2026 update:
The equality watchdog’s draft code of practice was laid before Parliament on 21 May 2026. It must be noted that the new code is now subject to parliamentary process. Parliament has 40 days to review the code, and if Parliament does not disapprove the code, UK Government will set a date for it to come into force.
The code is issued by the Equality and Human Rights Commission (EHRC) and includes practical guidance for service providers, associations and those delivering public functions on how they should comply with the Equality Act. The code will not offer bespoke or situational examples of every scenario – especially considering the complexity of our sector’s settings and services.
ukactive, aided by a working group of industry leaders and legal counsel, is working to update and align its sector guidance to the new code. Given the intersection of law and operational reality for the sector, which has significant site-level diversity and unique challenges, it is vital that there is consistency and alignment across the sector, and that the sector maintains fairness and lawfulness.
In the interim, the EHRC states that employers and other duty-bearers must follow the law and should take appropriate specialist legal advice where necessary.
Wednesday 30 April 2025 update:
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.
Further reading