Updates coming to guidance on single-sex spaces

The revised EHRC draft updated Code of Practice for services, public functions and associations (Services Code) was laid in parliament on 21 May.

The draft Code aims to provide clearer guidance for service providers following the recent Supreme Court judgment. This judgment confirmed that, for the purposes of the Equality Act 2010, sex refers to biological sex. It also reaffirmed that transgender people remain protected under the Act through the protected characteristic of gender reassignment.

The Code will be considered for 40 days, and subject to that process, it will come into force. After that, employers will be expected to implement it in practice.

NHS England is updating its guidance on “Delivering same sex accommodation”, which will now be titled “Privacy, dignity and safety in hospital accommodation”, to ensure it aligns with the Code.

In addition, NHS England is developing guidance for employers regarding physical NHS staff facilities. This will aim to help NHS trusts ensure that their policies are up to date and legally compliant.

The guidance is expected to:

• Emphasise the need for sufficient and appropriate facilities that protect the privacy, dignity and safety of all staff, ensuring no one is left without access to suitable facilities.
• Direct employers to relevant legislation, recommended actions and existing guidance. This includes the need for robust facilities audits, engagement with staff (including networks) and trade unions, and Equality Impact Assessments to support local decision-making.
• Encourage regular review points as part of good practice, including consideration of any future updates such as a revised EHRC Employment Code.

NHS trusts will be accountable for the creation, review and update of their own policies. They must also assess the local context to provide evidence for their decisions, which should be a proportionate means of achieving legal compliance. 

For more information, access the GOV.uk website.