EHRC guidance on single-sex spaces is lawful-R (Good Law Project) v Equality and Human Rights Commission

Internet publication

Public Law analysis: The Administrative Court has dismissed a judicial review brought by the Good Law Project and three individuals challenging the interim update issued by the Equality and Human Rights Commission in the aftermath of the Supreme Court decision in For Women Scotland Ltd v Scottish Ministers. The interim update warned that the provision of multi-user single-sex facilities and services on anything other than a biological sex basis could amount to direct and indirect discrimination and was likely unlawful. The update also warned that failure to provide suitable alternative accommodation for transgender people could amount to unlawful discrimination and encouraged service providers and employers to, where possible, provide an alternative mixed-sex option. The Good Law Project challenged this guidance on the grounds that it misstated the law and would give rise to breaches of the Article 8 rights of transgender people. Mr Justice Swift dismissed the challenge, upholding the interim update in its entirety.

Authors: Foran, M

• Publication status: Published
• Peer review status: Reviewed (other)
• Publisher: LexisNexis
• Publication date: 2026-02-26
• Language: English