May 28

Opposing the EHRC guidance – UNISON needs your voice

  • 28 May 2026

The updated Equality and Human Rights Commission (EHRC) guidance has been released. As expected, the guidance is confusing and, in many places, completely unworkable. We recognise that the government sent the original version back seeking improvements, we do not believe this updated version goes far enough.

Whilst the government has said this guidance is not intended for workplaces, we anticipate many employers will look to this guidance as the standard to apply in many workplaces.

Over the next 30 days, we will be trying to convince as many MPs as we can to oppose the guidance in the commons.

This is where your voice is vital. We need examples from UNISON members about how this guidance is unworkable in your workplace.

Considerations could include:

  • Toilet provision and how this differs from before the Supreme Court judgment. Also, about the complexity and the cost if your employer decides they need to put in additional facilities.
  • Human rights and discrimination because of the guidance – e.g. how bullying and harassment will be handled.
  • Could the guidance exclude you from workplace activities that you have been part of?
  • Asking about a person’s sex in the workplace: the guidance is not clear on where it’s proportionate to do so and what will the ramifications be for members who have customer-facing roles.
  • Many UNISON members work in the NHS or services that provide gendered services. How are these going to be affected and how will it affect you as a worker in those services?

Remember, we just need examples from the workplace.

Please send examples to out@unison.co.uk .

For clarity, this guidance undergoing a mandatory 40-day parliamentary review and will not come into force until it is commenced through a parliamentary procedure. If an employer tries to immediately change workplace policy because of this guidance, please get in touch with your regional office immediately.

We also encourage you to write to your local MP and outline the reasons they should oppose this guidance.

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