We use cookies where necessary to allow us to understand how people interact with our website and content, so that we can continue to improve our service.
View our privacy policyInjustice is not inevitable.
Shop the collectionWe challenged the EHRC on their transphobic guidance. The High Court has now given us directions as to how to proceed with the case.
Update 09/07/2025: We have now published our statement of grounds.
Update 17/07/2025: We have now published responses from the EHRC, the equalities minister and the HSE, and our reply.
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 have now published our statement of grounds – with information about those three individuals blanked out.
