New guidance on managing same-sex spaces
NHS England has launched new and revised guidance around the use of staff facilities and hospital accommodation delivery, with implications for employers on managing same-sex spaces.
The guidance comes following changes to Equality and Human Rights Commission's (EHRC) services Code of Practice, which came into force on 5 August 2026.
The Code outlines how the Equality Act 2010 applies to employers and how they should ensure people are not discriminated against in relation to their protected characteristics.
NHS staff facilities
This new guidance advises NHS trusts and ICBs on the provision and use of physical staff facilities – including changing, washing and showering areas, toilets and staff accommodation.
It states that acting to improve the availability and quality of all such facilities, where required, is essential to ensure the privacy, dignity and safety of all staff at work.
NHS organisations are required to review and update existing policies relating to the use of staff facilities or develop new policies if none exist.
Hospital accommodation
The revised guidance on hospital accommodation explains how NHS organisations should ensure the same privacy, dignity and safety for all patients staying in hospitals.
It sets out the NHS Constitution’s same-sex accommodation pledge, explains how ‘same-sex’ should be interpreted in light of the latest EHRC guidance, and describes how organisations should manage breaches of same-sex accommodation requirements.
The guidance replaces ‘Delivering same-sex accommodation’ (2019). Related reporting guidance has also been updated.
The full guidance and supporting documents can be found on the NHS England website:
