It was reported in The Times and other media in early August that the EHRC Guidance is likely to suggest a ban on trans women using single-sex spaces. This news was widely covered in the press and caused much consternation among commentators.
The furore led to the Chief Executive of the EHRC, John Kirkpatrick, writing a letter to The Times in response to their feature. You can read the full text here: EHRC link.
The EHRC was keen to point out that the reporting is premature and that the draft guidance has been extensively quoted from, a fact which ignores that the guidance is in draft form and is currently the subject of consultation. The Commission intends to submit the finalised guidance to the Minister for Women and Equalities in the coming weeks but there is no timeline that they are working to.
The press release notes that more than 50,000 responses have been received to the consultation. The EHRC is using supervised AI technology alongside legal experts to ensure that proper consideration is given to all the responses before the guidance which is so urgently needed is delivered to the public.
The demand for guidance since the Supreme Court decision in #For Women Scotland which deals with the interpretation of the Equality Act 2010 in relation to sex.
The press release ends with the statement that the EHRC is obliged to interpret and explain clearly the law as determined by the Supreme Court. Many commentators on LinkedIn and other social media seem to be of the view that this is not the case. What is clear is that whatever the guidance ends up being it will be controversial and not to everyone’s liking. That it is sorely needed is in no doubt.
For now we watch and wait for further updates.
This blog was written by Elizabeth McGlone, Managing Partner of didlaw and a fierce advocate for women’s rights in the workplace and beyond.
You can read more about some of Elizabeth’s work in the gender critical/sex realist arena elsewhere on our blog & online including:
#sarahsurviving https://didlaw.com/sarahsurviving-gcs-v-the-survivors-network
Lizzie Pitt https://didlaw.com/lizzie-pitts-gender-critical-case-against-cambridgeshire-county-council
Jo Phoenix https://didlaw.com/jo-phoenix-v-the-open-university
Denise Fahmy https://didlaw.com/denise-fahmy-v-arts-council-england
Dr Shahrar Ali https://www.judiciary.uk/wp-content/uploads/2024/02/J00CL858-Ali-v-Reason-and-Nott-judgment-reboot-1-1.pdf
