What you need to know about the latest ehrc challenge

Written by Catherine Goodall (she/her), Campaigns Lead at Proud Changemakers

Where we are at

On 13th February the High Court delivered a decision on a legal challenge brought by Good Law Project against the interim guidance from the Equality and Human Rights Commission (EHRC), published last year.

This is a detailed decision, which further demonstrates the complexity which charities and volunteers are operating in, with regards to the legislation and regulation on ‘sex’ and ‘gender’. 

The decision 

A judge has ruled on a legal challenge brought by Good Law Project on the legality of the EHRC’s interim guidance, published in 2025 (before later being repealed) shortly after the Supreme Court ruling on the meaning of ‘sex’ in the Equality Act 2010. The challenge contested that the guidance was not legally sound, and would encourage organisations to take steps which would exclude trans and gender non-conforming people from services. 

The decision is, like much of this area of law and discourse, complex. Differing groups and bodies are reporting on the findings to make the case for and against the exclusion of trans people from certain single sex spaces and services. The Court did not interpret the guidance as requiring a ban for trans people, and therefore did not view the guidance as unlawful. This is a difficult finding, particularly in light of the significant and widespread pressure from groups and organisations pushing for organisations to implement drastic and exclusionary practices based on the guidance. 

The decision also finds that there are differences in law on the provision of services in general and in workplace settings. This is partly as a result of the legislative framework for workplaces differing from wider settings. The decision finds that workplaces need to offer toilets and changing rooms in individual, lockable rooms, otherwise they must provide single-sex facilities, which must exclude trans people. The court suggested that requiring trans people to use third spaces is unlikely to amount to unlawful discrimination in most cases. 

The judge dismissed an application for a judicial review, but has asked for submissions on whether an appeal should be allowed. This means there could be further legal action to explore whether the interim guidance erred in law.

Implications for charities and volunteers

These findings, like various recent employment tribunals, further demonstrate the complexity of the law and its interpretation in practice. Many charities are facing difficult challenges, with little to no guidance or support. Some organisations may seek legal advice on the provision of their services and support, but this is likely out of reach for the majority of the sector which is small or micro organisations. 

For many of us these findings and the media coverage adds further distress and confusion. It may leave many people wondering how to navigate this area of law safely and taking an inclusive approach. We will continue to advocate for support and guidance specifically for charities, such as from the Charity Commission. 

Tell us about your experiences 

We are running a survey to better understand how charities, volunteers and beneficiaries are being impacted by these changes and the discourse around them. The survey is available here, and is live until 5pm Wednesday 25th February 2026. 

Our goal is to understand what, if any, impact these changes are having on voluntary organisations. This includes the organisations themselves, but also on staff, volunteers and beneficiaries. You do not have to identify as LGBTQIA+ personally or work/volunteer for a specifically LGBTQIA+ organisation to complete this survey. If you work, volunteer or receive support from different organisations, please complete the survey once focusing on one organisation only. 

We will use the evidence we gather through this survey to inform our work. This includes influencing government and decision makers, supporting the voluntary sector, and advocating for better support for LGBTQIA+ people within and beyond the sector. Our role is to lift up and advocate for LGBTQIA+ people, and we want to gather evidence of need to help shape our support and response. Please help us do this by sharing your views, and sharing the survey with your networks.