Transgender women in the UK will no longer be permitted to access female-only bathrooms or compete in women's sports, following a landmark ruling by the Supreme Court that has redefined key legal interpretations under the Equality Act 2010.

In a unanimous decision, the court ruled that the terms “woman” and “sex” within the Equality Act refer strictly to biological sex. This decision has significant implications for the legal rights and protections of trans individuals in areas involving single-sex spaces.

The ruling has been hailed by gender-critical campaigners as a victory for clarity and fairness, while trans rights advocates have voiced serious concern over the potential exclusion and discrimination this could foster.

Baroness Kishwer Falkner, chair of the Equality and Human Rights Commission (EHRC), described the judgment as “enormously consequential.” She emphasized that the EHRC will be monitoring compliance and engaging with organisations that do not align their policies accordingly.

“On matters such as toilets, changing rooms, and sports, the ruling offers much-needed clarity for service providers regarding their obligations under equality law,” Falkner said on BBC Radio 4’s Today programme.

When asked whether this now definitively bars trans women from participating in women’s sports, she replied: “Yes, it is.”

She further clarified that single-sex services must now be based on biological sex, though there is no legal barrier to organisations offering third spaces, such as unisex toilets, for broader inclusivity. She encouraged trans advocacy groups to lobby for such accommodations.

The EHRC is currently working to update its statutory code of practice, which it aims to present to Parliament by summer. This updated guidance will help public bodies interpret and apply the Equality Act in light of the ruling.

On the subject of single-sex hospital wards, Baroness Falkner noted that the NHS will need to amend its current 2019 policy, which states that trans patients should be housed according to their gender presentation. She indicated that the policy is now inconsistent with the law.

Several organisations have already begun updating their protocols. The British Transport Police (BTP) announced an interim policy under which trans individuals taken into custody will be searched based on their birth sex, not gender identity.

Peter Byrne, Head of Employment Law at Slater and Gordon, predicted a wave of policy revisions across businesses and institutions.

“A lot of companies will need to redraft policies regarding single-sex facilities, including toilets. Previously, employees may have been asked what space they felt most comfortable using, but that option is now likely to disappear,” he said.
“In practice, many may now be directed to use disabled or unisex restrooms instead.”

While the full implications of the judgment will unfold over time, it marks a turning point in how sex and gender are treated under UK equality law, prompting significant changes in public policy, employment practice, and societal norms.