Equalities watchdog threatened with legal action after saying trans women must use men's toilets
The equalities watchdog has been threatened with legal action after saying trans women must use men's toilets, The Independent can reveal.
The Equalities and Human Rights Commission (EHRC)'s was published in the wake of last month's Supreme Court ruling on gender, which ruled trans women are not legally women under the Equalities Act.
The guidance states that trans women 'should not be permitted to use the women's facilities' in workplaces or public-facing services such as shops and hospitals.
But lawyers acting on behalf of leading UK trans rights group TransLucent have now sent a letter to the watchdog warning that the guidance 'incorrectly states the legal position' of the court ruling.
The letter, seen by The Independent, criticises the body, saying it failed to consult with trans people before publishing its interim guidance, ahead of an ongoing consultation on the issue.
It demands the EHRC issue a clarification statement and criticised the commission's chair Baroness Falkner's description of the ruling as a "a victory for common sense' and another which stated: "If a male is allowed to use a women-only service, it isn't any longer a single-sex space."
The campaigners argue the remarks have caused 'immense distress to the trans community and confusion to both service providers and employers'.
Meanwhile, lawyers Leigh Day warned: 'The worry for our client is that there has not yet been any consultation with trans communities and other affected groups, and the statements from the chair and commissioner that followed the publication of the update, particularly in relation to provision of single sex spaces, suggest that their minds are closed to any other outcome.'
The letter adds: 'If those are their personal views, then, while still unsatisfactory, they should have made that very clear. In any event, it is incumbent on the EHRC to provide urgent clarity so as not to undermine the fairness of the forthcoming consultation.'
It urges the EHRC to respond by May 19 and confirm whether it plans to issue clarification.
Steph Richards, CEO of TransLucent, warned that the watchdog 'appears to have ignored the fact that trans people are still protected under the Equality Act and, as such, can only be legally discriminated against in circumstances when it is a 'proportionate means of achieving a legitimate aim'.'
It comes amid mounting concern over the impact of the EHRC's guidance, with Labour MP Nadia Whittome telling The Independent it was a 'devastating blow for trans people and their rights'.
'This guidance is not statutory but it indicates what the draft statutory guidance is likely to contain. It is essential that the government rejects it', the MP for Nottingham East said.
'The Equality and Human Rights Commission should be safeguarding trans people's rights at a time when they are being threatened. Sadly, this vital institution has fallen victim to successful attempts by the previous Conservative government to co-opt it in line with its agenda, undermining its independence and neutrality.'
Meanwhile, Carla Denyer, co-leader of the Green Party, said the interim guidance was 'rushed and ill-thought-through, and was clearly drawn up without consulting trans people on their experiences and needs'.
'I'm worried that the guidance could act as a bigot's charter, emboldening people to harass and victimise trans people in public places, and the Green Party has called for it to be withdrawn until something more considered can be produced.'
jane fae, director of fellow trans rights group TransActual, told The Independent the organisation is also 'watching very carefully and are ready to take legal action should it be necessary'.
'We welcome this analysis from TransLucent. It is very clear that in her intemperate rush to self publicity, the head of the EHRC Baroness Falkner did not take the time to consult with groups affected and as a result she has caused alarm, distress and further encouraged vigilantism against trans people.
'We echo TransLucent's conclusion that her stance is very concerning and would question whether she is a fit person to be in charge of the equalities commission', she said.
The letter was sent to the EHRC on Monday, The Independent understands.
A UK government spokesperson said: 'The EHRC is an independent regulator, and we will review their Code of Practice and work with them to ensure it provides the certainty and clarity service providers and businesses need, in line with the Supreme Court ruling.'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
BBC News
36 minutes ago
- BBC News
Ban 'no ball games' signs to get children off devices, play experts say
Play experts want to ban "no ball games" signs and protect playtime during school breaks, to reduce the time children spend on are being forced "indoors on to digital devices", according to the Raising the Nation Play Commission, whose year-long inquiry calls for an end to "anti-play culture".It warns outdoor play in England has declined by 50% in a generation because of streets dominated by traffic, fear about crime and "public spaces where young people are not welcome".The government says it is working with experts to develop a framework to improve access to activities outside of school. The report is calling for a national Play Strategy for England and has made a number of recommendations including:A national ban on "no ball games" signsUpdating planning policy to require developers to consult with children on all new developmentsGovernment guidance protecting play at break time and lunchtime in schools and banning practices like withdrawing playtime for poor behaviourOpening up school playgrounds to the community outside of school hoursRaising the digital age of consent to 16 and a ban on phones in schoolsChair of the commission, Paul Lindley, says in England "we've made it incredibly hard for children to play"."Creating truly playful communities is not just about better street design, traffic management, and reduced crime, but also about a reversal of the growing culture of intolerance towards children playing."In London, there are more than 7,000 signs limiting play for more than half a million children, according to the councils are beginning to remove signs amid concerns that children are exercising less. For Samantha and her four-year-old son Chester, who live in Blackpool, having a playground far away from traffic is vital."It's free," she says and it's somewhere her son can play without having to worry "about someone coming to tell him he can't"."A lot of children are growing up and don't have the opportunity to be able to go to other places or travel, so having somewhere close to home, that is free, is so important."More than 400 playgrounds closed in England from 2012 to 2022 and annual park budgets have fallen, the report Better Start, which helps families with young children like Chester, has been working to transform the city's less used parks and green spaces over the last ten years."It is so important for families to have safe spaces to play. Families identify with the park. They feel a sense of ownership and they feel like it belongs to them," director Clare Law explains. And there are calls for changes in schools 1995, break times in schools were around 23 minutes longer for young children than they are now, the report found. The commission wants to see playtime during breaks and lunchtime at St Ambrose Catholic Academy in Liverpool are guaranteed an hour's quality play every Tracy Moorcroft says it is a massive part of the school day."If they are building, we see them as future architects, if they're in the kitchen, could they be the next future chef? We try to link their play with aspirations for later in life."But Ms Moorcroft is less convinced about the idea of having "always-active uniforms" which have already been introduced in some says the school has "very high standards" for the uniform, as the children are being prepared for life beyond the get to wear their PE kit some days and wear wellies and coats so they can go outside regardless of the weather. General Secretary of the Association of School and College Leaders, Pepe Di'Iasio agrees that playtime has been squeezed "by the drive to improve academic outcomes", but cautioned against an "overly prescriptive approach to play" as this may impact on other areas of the Wales and Scotland have already made it a legal requirement for local authorities to ensure enough opportunities for children to commission in England is calling for a national play strategy with an annual budget of £125m, led by a minister with a responsibility for Anne Longfield from the Centre for Young Lives think tank, who worked on the report, said it should provide a "blueprint for how we can get children playing again and also tackle the scourge of addictive doom-scrolling".A government spokesperson said its Plan for Change was "setting young people up to achieve and thrive – both inside and outside the classroom", and that it is investing in grassroots sports facilities and in a programme to help turn "grey school spaces green". "From July, new rules under the Online Safety Act will require social media platforms to protect children in the UK from seeing harmful content online," the spokesperson reporting by Hayley Clarke and Rahib Khan
Glasgow Times
40 minutes ago
- Glasgow Times
Starmer and Reynolds meet US commerce secretary in push to implement trade deal
The Prime Minister dropped in on a meeting between Howard Lutnick and Business Secretary Jonathan Reynolds in Downing Street on Tuesday. Mr Lutnick was in London for talks with China on resolving the trade war between Washington and Beijing, and Mr Reynolds took the opportunity to meet him in person to push for the UK-US trade deal announced last month to be implemented as soon as possible. The meeting follows talks between the Business Secretary and US trade representative Jamieson Greer in Paris last week. Under the terms of the agreement announced by Sir Keir and Donald Trump, the US will implement import quotas that will effectively eliminate tariffs on British steel and cut the levy on vehicles to 10%. But the deal has yet to be implemented and tariffs on both steel and cars remain at 25%, although the UK has been spared the increase on steel duties to 50% that Mr Trump imposed on the rest of the world last week. In a post on social media, Mr Reynolds said he had discussed 'progress on our trade deal – including UK autos and steel' with Mr Lutnick. UK officials remain hopeful that the deal will be implemented soon, but Tuesday's meeting does not appear to have moved the issue beyond both sides agreeing the need to move quickly. Speaking in the Commons last week, Sir Keir said he was 'very confident' that tariffs would come down in line with the deal 'within a very short time'. Implementing the deal will require the UK to pass legislation, likely to involve regulations rather than a full Act of Parliament, while the US will also need to create a legal mechanism to bring steel and vehicle quotas into effect.
Powys County Times
41 minutes ago
- Powys County Times
Starmer and Reynolds meet US commerce secretary in push to implement trade deal
Sir Keir Starmer has met the US commerce secretary as the Government continues to push for its American trade deal to come into force. The Prime Minister dropped in on a meeting between Howard Lutnick and Business Secretary Jonathan Reynolds in Downing Street on Tuesday. Mr Lutnick was in London for talks with China on resolving the trade war between Washington and Beijing, and Mr Reynolds took the opportunity to meet him in person to push for the UK-US trade deal announced last month to be implemented as soon as possible. The meeting follows talks between the Business Secretary and US trade representative Jamieson Greer in Paris last week. Under the terms of the agreement announced by Sir Keir and Donald Trump, the US will implement import quotas that will effectively eliminate tariffs on British steel and cut the levy on vehicles to 10%. But the deal has yet to be implemented and tariffs on both steel and cars remain at 25%, although the UK has been spared the increase on steel duties to 50% that Mr Trump imposed on the rest of the world last week. In a post on social media, Mr Reynolds said he had discussed 'progress on our trade deal – including UK autos and steel' with Mr Lutnick. UK officials remain hopeful that the deal will be implemented soon, but Tuesday's meeting does not appear to have moved the issue beyond both sides agreeing the need to move quickly. Speaking in the Commons last week, Sir Keir said he was 'very confident' that tariffs would come down in line with the deal 'within a very short time'. Implementing the deal will require the UK to pass legislation, likely to involve regulations rather than a full Act of Parliament, while the US will also need to create a legal mechanism to bring steel and vehicle quotas into effect.
