EHRC forced to change trans guidance after Good Law Project challenge

Women and equalities minister Bridget Phillipson has revealed that the Equality and Human Rights Commission (EHRC) has been forced to amend its draft statutory guidance for service providers and associations, following “further legal analysis”.

These revisions follow Good Law Project’s challenge to interim guidance rushed out by the EHRC in April 2025. It was clear from the High Court’s decision in that case that the EHRC’s draft code of practice – submitted to the minister last year – got the law wrong. We wrote to Phillipson following this decision, highlighting the relevant aspects of the judgment and urging her to reject the inaccurate guidance.

In a statement to parliament, the minister said that the guidance had to be accurate “including in the light of the recent court rulings”. Phillipson added that the EHRC had been asked to revise the draft code following “further legal analysis”, and that they had returned an updated version on 13 April. This is despite numerous public comments from those at the EHRC over recent months, defending the guidance as “legally sound”.

The EHRC said that it had undertaken further legal analysis to “make adjustments” to the code so that it would “provide legally accurate, practical guidance”. It said that the updates were intended to help make sure “all service users are treated with dignity and respect, in line with the Equality Act”.

Phillipson also announced that the government intends to lay the updated guidance before parliament for approval in May, adding that due to forthcoming local elections, she could not make further announcements about its substance. The minister also praised the “clarity” brought by the Supreme Court’s decision.

For Jess O’Thomson, Good Law Project’s trans rights lead, the minister’s language and framing were “predictably terrible” from this government, but can’t subtract from “a substantial win for the trans community”.

“The EHRC has been gaslighting us for a year, insisting publicly and repeatedly that their legal analysis was unimpeachable. Now it’s clear that they got the law wrong, and they’ve been told to fix the guidance they tried to force through last year. It shouldn’t have taken this long for the EHRC to do its job.”

“We are glad the minister has demanded these changes – only time will tell if the revised draft properly explains how organisations can remain trans inclusive, and protects the rights of all. But whatever the guidance contains, Good Law Project will continue our work to ensure the human rights of trans people are defended.”