The Equality and Human Rights Commission (EHRC) has now published its updated code of practice guidance. UNISON will take time to fully assess the implications of the updated guidance for its members and what this will mean in workplaces.
Since the Supreme Court ruling in April 2025 on the definition of sex within the Equality Act, many UNISON members have expressed serious concerns about what the updated guidance could mean in practice at work, particularly for trans, non-binary and gender-diverse people.
These concerns were heightened by the interim EHRC guidance issued in April 2025, which was subsequently withdrawn after being widely regarded as unworkable. UNISON responded to the consultation on the updated code, raising concerns about both its practicality and the potential impact on workers and services.
The UK is increasingly out of step with many other countries that have adopted legislation on legal gender recognition based on self-declaration. UNISON’s democratically agreed policy remains clear: trans women are women, trans men are men, and non-binary identities are valid and should be recognised in law. This is why UNISON is campaigning to change the law on legal gender recognition to bring UK legislation into line with other countries.
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