Update: Our challenge against the EHRC’s interim guidance

Today we have received directions from the High Court for our judicial review challenge to the EHRC’s interim guidance.

Our challenge raises two main points. First that the EHRC was wrong to say employers need to provide gendered toilets. When we issued the claim the EHRC caved on this point and changed its guidance. And second that it is permissible to provide trans inclusive men’s and women’s toilets (and indeed other facilities).

If we are wrong, then we believe the UK is no longer complying with its European Convention obligations – and the High Court should say so.

We are bringing the challenge together with a trans woman, a trans man and someone who is intersex. The High Court has granted them anonymity. Our Director Jo Maugham’s witness statement explains why anonymity is so important for trans people who want to access the law.

The High Court has said there will need to be a ‘permission’ hearing this month. And the EHRC must serve the summary grounds of its defence by 11 July 2025. We will publish in the next couple of days our statement of grounds – with information about those three individuals blanked out.