Who this guide is for
This guide is for service providers (anyone who provides goods, facilities or services to the public) who are looking to establish and operate a separate or single-sex service.
Separate or single-sex service providers are those who provide a service where some element or all of the service is available:
- only to one sex, or
- separately to each sex, or
- differently to people of each sex.
These could include but are not limited to:
- separate or single-sex toilets
- domestic violence refuges
- separate or single-sex changing rooms
- hospital wards
We refer to these services as separate or single-sex services throughout.
What this guide covers
As the regulator for the Equality Act, we provide guidance on the law to help organisations comply with their legal obligations.
This guide covers the exceptions in the Equality Act relating to sex which allow: services to be provided, or a policy to be applied:
- only to one sex
- separately to people of each sex.
- differently to people of each sex
It also covers the provisions in the Equality Act relating to gender reassignment which allow providers of separate or single-sex services to exclude, modify or limit access to trans people.
This guide provides information on:
- what the law says
- how to decide when to use the exceptions
- practical steps you can take.
The language we use in this guide
We have used plain English to help explain legal terms. This does not change the meaning of the law.
The Act uses the term ‘transsexual’ for individuals who have the protected characteristic of gender reassignment. We recognise that some people consider this term outdated, so in this guidance we use the term ‘trans’ to refer to a person who has the protected characteristic of gender reassignment.
We use the term ‘biological sex’ because this is how legal sex is defined under the Equality Act for people who do not have a Gender Recognition Certificate.
We use the term separate or single-sex services to describe those who provide a service where some, or all of the service is available:
- only to one sex
- separately to each sex
- differently to people of each sex.
Summary
- The Equality Act allows for the provision of separate or single sex services in certain circumstances under ‘exceptions’ relating to sex.
- To establish a separate or single-sex service, you must show that you meet at least one of a number of statutory conditions (set out in this section of the guide) and that limiting the service on the basis of sex is a proportionate means of achieving a legitimate aim. For example, a legitimate aim could be for reasons of privacy, decency, to prevent trauma or to ensure health and safety. You must then be able to show that your action is a proportionate way of achieving that aim.
- There are circumstances where a lawfully-established separate or single-sex service provider can prevent, limit or modify trans people’s access to the service. This is allowed under the Act. However, limiting or modifying access to, or excluding a trans person from, the separate or single-sex service of the gender in which they present might be unlawful if you cannot show such action is a proportionate means of achieving a legitimate aim. This applies whether the person has a Gender Recognition Certificate or not.
- When considering how your service is provided to trans people, you must balance the impact on all service users and show that there is a sufficiently good reason for excluding trans people or limiting or modifying their access to the service. Some service providers may find it helpful to have a policy for how services are provided to trans people. Where this is the case we recommend you develop a policy but this is not a legal requirement. If you do have a policy you should be prepared to consider whether particular circumstances justify departing from the policy.
Download the guidance in full
Last updated: 27 Apr 2022