Politics
Published: 13 February 2026 by LGBT Foundation Directors
We are reviewing the judgment in the Good Law Project vs Equality and Human Rights Commission (EHRC) legal case (AC-2025-LON-001953), which brings good news for service providers looking to remain inclusive, but leaves employers lacking guidance how to prevent discrimination against trans people in the workplace.
We are relieved to see that the High Court has made clear that trans exclusion is not required in the context of service provision; service providers may lawfully allow trans women to use women’s facilities without being forced to open them to cis men, and that these facilities may simply be labelled for ‘women’ and ‘men’. The court made clear that forcing trans people to use facilities based on their sex recorded at birth would likely be discriminatory.
We find it concerning to see the High Court rule that unless facilities are provided in individual lockable rooms, then employers are required to offer single-sex facilities (bringing the very real risk of ‘outing’ trans people) in workplaces, whilst still ensuring appropriate provision is made for trans employees (to avoid discrimination). We hear from business leaders each week who want to ensure trans inclusivity but are still lacking clear guidance on how to lawfully prevent discrimination, particularly where the capital cost of changing their existing facilities is a very real barrier.
We recognise the essential role the EHRC must play in upholding rights and challenging discrimination. Today’s ruling is clear: EHRC’s draft Code of Practice did not accurately reflect the law. At a time when hate crimes against our community are rising, public debate is becoming more polarised, and many LGBTQ+ people feel less safe accessing services, it is vital that the EHRC operates with independence, transparency, and a clear commitment to balancing rights and protecting all marginalised groups.
The need for strong, evidence‑based, and rights‑affirming guidance has never been greater. We urge the Government and EHRC to reflect on the concerns raised by trans communities, charity leaders, and businesses. Now is the time to ensure meaningful engagement with LGBTQ+ communities, to ensure the forthcoming statutory guidance upholds the rights of all, without risking the safety, privacy and dignity of trans, non-binary and gender non-conforming people.
LGBT Foundation will continue to stand with our communities, and with all who believe in a world free from discrimination, where every person is safe, valued, and respected.
