The Good Law Project has criticised a new code of practice from the Equality and Human Rights Commission (EHRC), which is due to come into force on 5 August, saying it will "exclude and segregate trans people."

The code strongly encourages businesses, service providers and associations to offer single-sex services based on biological sex, as defined under the Equality Act 2010. It is not legally binding.

In a statement shared on 15 July, the Good Law Project said the code "says that offering single-sex services only according to 'biological sex' is likely to indirectly discriminate against trans people." However, the organisation argued that rather than advising providers to offer trans-inclusive services, the guidance instead "treats trans people like a third sex, suggesting they have to use separate 'third' spaces and services, rather than the ordinary ones provided for men and women."

The group said that forcing trans people to use separate spaces would create stigma and risk outing them. It gave the example of a trans woman going to a pub with female friends and having to explain why she could not use the women's toilets, adding that third spaces "are often not up to scratch."

The statement also raised concerns about wider impacts, including on cis women, who the group said would face increased gender policing, and disabled people, who could lose access to accessible toilets if those facilities are redesignated as third spaces.

The code of practice was laid before Parliament by Equalities Minister Bridget Phillipson. The Good Law Project criticised the process by which it was introduced, saying there had been "no debate, and no proper consultation with those most likely to be affected, including women, trans people, and disabled people." It noted that the only action during the 40-day scrutiny period was an early day motion calling for the government to reject the guidance, signed by 166 MPs — the highest number of signatures for an early day motion since 2020.

Jess O'Thomson, trans rights lead at Good Law Project, described the code as "incredibly dangerous and likely to cause unlawful discrimination."

"It is abhorrent that despite widespread opposition this government has continued its attacks on trans human rights," O'Thomson said. "The code is not only discriminatory, but utterly unworkable in practice — as so many organisations have repeatedly pointed out. The guidance gets the law wrong, and if service providers uncritically follow it, they may be acting unlawfully. Worse than that — they will be causing immense harm, and helping to strip trans people of their rights."

The code follows the UK Supreme Court's 2025 ruling that, for the purposes of the Equality Act, the definition of "woman" is based on biological sex. The EHRC subsequently released interim guidance which was later legally challenged by the Good Law Project and a number of trans and intersex individuals.