Hundreds of firms urge rethink on single-sex spaces

Ben Jerry’s, Lush and more call guidance unworkable’

- MILLIE COOKE

More than 650 organisations including Ben and Jerry's, Lush and hundreds of small cafes and pubs have written to the government to warn that the Equality and Human Rights Commission's draft guidance on single-sex spaces is "unworkable" and would "cause significant economic harm", The Independent understands.

The guidance has been drafted after the Supreme Court ruled trans women are not legally women under the Equality Act (2010) earlier this year, a judgment that was hailed as a victory for biological women by gender critical campaigners. But there are concerns that the ruling, and the EHRC's draft guidance, could leave transgender people excluded from public life.

The draft guidance that was submitted for consultation over the summer warns that if a service is provided "only to women and trans women or only to men and trans men, it is not a separatesex or single-sex service under the Equality Act 2010".

The letter sent to minister for women and equalities Bridget Phillipson and business secretary Peter Kyle - warns that if the final guidance is "similar to this draft", it would tell organisations that they "must adopt practices that are incompatible with modern business values".

It calls on Ms Phillipson to "take immediate action to prevent these proposals from moving forward".

The EHRC has shared its updated code of practice for services, public functions and associations with the equalities minister for approval after a consultation that took place over the summer.

But in theory, Ms Phillipson could reject the draft and ask the EHRC to redraft it.

It comes after sources told The Times that the final guidance will tell schools, hospitals, leisure centres and cinemas to ban trans women from using single-sex spaces such as lavatories and changing rooms.