New guidance governing the use of single-sex toilets and changing facilities is due to come into force next month, with businesses and public organisations preparing for significant changes to how services are provided. The Equality and Human Rights Commission’s (EHRC) updated Code of Practice for Services, Public Functions and Associations is scheduled to take effect on 5 August 2026, following parliamentary approval. The statutory guidance follows last year’s Supreme Court ruling on the definition of sex under the Equality Act 2010.

What will change?

The new code provides guidance to organisations operating single-sex services, including public toilets, changing rooms, leisure centres, hospitals and other facilities. It states that organisations providing male-only or female-only facilities should do so based on biological sex as defined under the Equality Act, while also recognising that service providers must consider the needs of transgender people and, where appropriate, provide suitable alternative facilities. The guidance is expected to affect a wide range of public venues, including shopping centres, restaurants, transport hubs, sports centres and other businesses that provide toilet or changing facilities.

Businesses preparing for implementation

With the code due to come into force on 5 August, organisations across Great Britain are reviewing their policies, staff training and signage to ensure they comply with the updated statutory guidance. Many operators are expected to assess whether additional individual or gender-neutral facilities are required to ensure all service users have access to appropriate amenities while meeting their legal obligations.

Debate continues

The forthcoming changes have prompted strong reactions from across the political and equality landscape. Supporters argue the code provides long-awaited legal clarity for organisations managing single-sex spaces following the Supreme Court’s judgment. Critics, however, have raised concerns about how the guidance will operate in practice, particularly for transgender people who may face difficult or uncomfortable situations when accessing public facilities. Some equality groups have also questioned how the guidance will be implemented consistently by businesses and public bodies. Safeguarding specialists have stressed that inappropriate or criminal behaviour is not determined by a person’s gender identity and that existing criminal laws continue to apply to anyone committing offences in public spaces. They have also emphasised the importance of clear policies, staff training and effective safeguarding procedures regardless of the new guidance.

Guidance comes into force next month

The updated EHRC Code of Practice will replace the previous statutory code when it comes into effect on 5 August 2026. With only weeks remaining before implementation, organisations are being encouraged to familiarise themselves with the new requirements and ensure staff understand how the guidance should be applied fairly, lawfully and consistently.