The head of the UK’s equalities regulator has confirmed that new legal guidance will be published by the summer, following a landmark Supreme Court ruling affirming that the legal definition of a woman is based on biological sex.
Lady Kishwer Falkner, Chair of the Equality and Human Rights Commission (EHRC), said the upcoming statutory code of practice would provide “clarity” for public bodies on implementing the court’s decision. Speaking on BBC Radio 4’s Today programme, Falkner described the ruling as “enormously consequential,” stressing that the guidance will carry the force of law and be used by courts as a legal benchmark.
The decision means that trans women will not be permitted to participate in women-only sports, or use female-only facilities such as toilets or hospital wards. NHS guidance, Falkner stated, “must be updated” to reflect the court’s definition, ensuring that single-sex services align with biological sex rather than gender identity.
Trans Rights Remain Protected Under UK Law
Falkner underlined that the ruling does not undermine the rights of trans individuals. “Trans people exist, they have rights, and those rights must be respected,” she said. She reiterated that trans individuals remain protected under the Equality Act 2010 through provisions covering both gender reassignment and sex discrimination.
She cited employment discrimination as one area where trans people are still safeguarded. “If a trans person is dismissed for being trans, that remains absolutely unlawful, and we are ready to support such claims.”
Call for Gender-Neutral Alternatives
Falkner acknowledged concerns about access to facilities and suggested that trans rights organisations should advocate for neutral, third-space provisions where possible. However, she was clear that where a service is defined as single-sex, such as a “women’s toilet,” the law supports restricting access based on biological sex.
NHS Guidance and Gender ID Documentation Under Review
The EHRC will also press the NHS to revise its current policy, which accommodates trans patients based on self-identified gender rather than biological sex. “They have to change it. They now have clarity,” Falkner said, adding that discussions with NHS leaders are underway.
In light of the ruling, the government is expected to review the practical relevance of the Gender Recognition Certificate. Falkner also pointed to ongoing developments around digital identification, suggesting that future identity documentation may further shape how gender identity is recognised and recorded.
