Know Your Rights

This page summarises general legal information relating to the rights of transgender and/or non-binary individuals under the law in England, Scotland and Wales. This information represents our understanding of these rights at the time of publication of this information. It is not intended to give specific legal advice on which you should rely. If you require legal advice, or further details on any matter referred to, please consult an independent legal professional.

In summary: what you need to know

This page summarises recent changes to the interpretation of the Equality Act 2010 focusing on what organisations can and can’t do if their services are ‘single-sex’ or ‘separate-sex’. 

Much of this page talks about how the law affects “service providers”. Many kinds of organisations can be service providers, including cafes, charities, hospitals, cinemas, hairdressers, utilities, local government, leisure centres, hotels, pubs… and many more.

You can still:

  • Decide to not tell a service provider what your assigned sex at birth is, if they ask for it
  • Seek to use the services that are right for you, including those provided for a specific ‘sex’
  • Use an accessible toilet
  • Insist that you have access to a facility that maintains your safety and dignity

Read more:

Service providers can, in some situations:

  • ask people politely, privately and sensitively to confirm their assigned sex at birth
  • exclude trans people from a legitimate ‘single-sex’ or ‘separate-sex’ service – regardless of their assigned sex at birth
  • make it clear that a service is ‘single-sex’ or ‘separate-sex’ based on assigned sex at birth

Whether it is lawful will depend on the facts of the situation – you may be able to complain or make a legal challenge if you are excluded because you’re trans.

Read more:

Service providers can’t:

  • ask you to show documentation like a passport or GRC as ‘proof’ of your sex
  • not provide a ‘mixed-sex’ alternative option – unless they have a good reason
  • require you use a ‘single-sex’ or ‘separate-sex’ service you are not comfortable using

Read more:

Service providers are not legally required to:

  • provide only ‘single-sex’ services
  • allow you to access a ‘single-sex’ or ‘separate-sex’ service because you hold a GRC
  • exclude trans people from their service provision

Read more:

What else has changed:

Organisations have slightly different legal obligations to their employees – read our workplaces guide for information about your rights at work. There are also some extra rules for competitive sports and for ‘single-sex associations’ (e.g. the Women’s Institute) we don’t discuss on this page.

What hasn’t changed:

  • Trans people are still protected from many kinds of discrimination by the Equality Act 2010.
  • A service provider is not obliged to exclude trans people from its services and can continue to include them without breaking the law. Service providers should seek legal advice around this, as navigating this area of law has become trickier following the FWS judgment. 
  • Gender Recognition Certificates are still useful for making sure you have the correct gender listed on birth, marriage, and civil partnership certificates. Although they no longer change what ‘sex’ you are treated as for the purposes of the Equality Act 2010, the Supreme Court considered them to still to have a role – what exactly that is, for the purposes of the Equality Act – is likely to be answered in future litigation.

Read more:

Introduction

Following the Supreme Court’s judgment in For Women Scotland v Scottish Ministers [2025] UKSC 16 (“FWS judgment”) and the publication of the EHRC Code of Practice for Services, Public Functions and Associations, we at TransActual understand there is considerable confusion as to how we as trans people (those with and without a Gender Recognition Certificate (GRC)) can exercise their continued rights under the Equality Act 2010 (“EA 2010”).

We are also aware that many service providers want to continue to be trans-inclusive and want to know how they can be so, in a lawful way.

This resource aims to offer some insight in to both areas of enquiry. Please note that we are unable to be exhaustive given the broad application of the EA 2010.

We would also emphasise that some things remain unclear and our overarching message is that if you are subject to discrimination, harassment or victimisation as a result of being trans, you are protected under the EA 2010 and you should seek support and assistance.

You can also let us know you’ve been questioned, stopped or challenged using a gendered space by filling in TransActual’s gendered space refusals tracker form.

As this state of affairs continues to evolve, we will make every effort to update this resource in response. You can see how recently this resource was updated at the bottom of this page.

Notes on this resource

Some of the terms used in the FWS judgment and referenced in legislation and the EHRC code are terms we would not use at TransActual, (such as ‘biological sex’). We have still used these terms in places within this resource to help communicate exactly what the court has said, when necessary. Such words/phrases are indicated by the use of inverted commas (‘ ‘). Use should not be taken as endorsement.

Sections in quotation marks (“ “) are direct quotes from the ruling and legislation.

The FWS judgment states: “The definition of sex in the EA 2010 makes clear that the concept of sex is binary, a person is either a woman or a man.” [171] The judgment does not grapple with what this might mean for intersex people and it is not clear what the implications may be. It is our understanding that the Equality Act 2010 does not specifically protect intersex people from discrimination on the basis of being intersex.

We encourage intersex people to reach out to Intersex UK, Intersex Equality Rights or Interconnected UK for support in understanding your rights. However, if you’re treated unfavourably because you’re trans or perceived to be trans, you may also be unlawfully discriminated against on the basis of perception and much of this resource could be relevant to you.

We send our love and solidarity to intersex people in light of the intersex-erasure within the FWS judgment and in the law, as well as the erasure that is endemic in our society.

The Supreme Court refers to non-binary identities in relation to the case of Castellucci [2024] EWHC 54 (Admin) in reference to the fact that currently a Gender Recognition Panel has no power to issue a non-binary GRC. This reflects that, under the Gender Recognition Act (“GRA”) an eligible trans person is only able to acquire a binary GRC i.e. ‘male’ or ‘female’.

Following the judgment, as is the case with trans men and trans women, for the purposes of the EA 2010, a non-binary person’s “sex” will be that which was assigned to them at birth (subject to them claiming discrimination by perception).

For the purposes of this judgment, it is important to note that the Supreme Court has confirmed that someone does not need a GRC in order to be protected on the ground of ‘gender reassignment’. We also know through past case law that non-binary people may be found to be protected by the protected characteristic of ‘gender reassignment’, depending on individual circumstance; (see for instance the employment tribunal case of Taylor v Jaguar Land Rover 1304471/2018).

What’s changed?

In 2025, the Supreme Court made a judgment in the For Women Scotland v Scottish Ministers [2025] UKSC 16 (“FWS judgment”) case.

The issue the Supreme Court was asked to determine was the meaning of “man”, “woman” and “sex” in the EA 2010.

This is important because the EA 2010 legally protects people from discrimination, including harassment, in the workplace and in wider society relating to:  

  • age
  • disability
  • gender reassignment (our emphasis)
  • marriage and civil partnership
  • pregnancy and maternity
  • race
  • religion or belief
  • sex (our emphasis)
  • sexual orientation

These are called ‘protected characteristics’.

The Supreme Court was looking in particular at the two specific characteristics of “sex” and “gender reassignment”; specifically, what “sex” means for a trans person with a GRC, under the EA 2010 and how that works with the provisions that protect people from discrimination on the basis of “sex” and/or “gender reassignment”.  

Broadly, discrimination can occur in one of the following forms:

  • Direct discrimination – treating someone less favourably than others because of a protected characteristic
  • Indirect discrimination – putting rules or arrangements in place that apply to everyone, but that put someone with a protected characteristic at a particular disadvantage
  • Harassment – unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates a hostile, degrading, humiliating or offensive environment for them
  • Victimisation – treating someone unfairly because they’ve complained about discrimination or harassment

The Supreme Court held that the term “sex” (and associated meaning of “man” and “woman”) in the Equality Act refer to ‘biological sex’, stating:

“The meaning of the terms ‘sex’, ‘man’ and “woman” in the EA 2010 is biological and not certificated sex” [265(xviii)]

By ‘certificated sex’ they mean the sex stated on a GRC. This means that when applying the EA 2010, trans people with a GRC are not deemed to be the “sex” stated on their GRC and instead, it means the “sex” indicated on their original birth certificate (even though this has technically been updated via a GRC). After the Supreme Court’s judgement, the Equality and Human Rights Commission published an updated 2026 Code of Practice for Services, Public Functions and Associations which describes how a wide variety of organisations might act lawfully in response to the judgment.

Yes.

It was made clear by the Supreme Court that its interpretation of the EA 2010 does not remove the “important protections available under the EA 2010” [264] for trans people with (or without) a GRC.

Trans people are generally protected from discrimination on the ground of ‘gender reassignment’, regardless of whether you have a GRC or not. For example, a trans person may be protected even if:

  • they have not medically transitioned
  • they do not have a Gender Recognition Certificate (GRC)
  • they are nonbinary (their gender identity doesn’t sit comfortably with ‘man’ or ‘woman’)
  • they are under the age of 18 years old

You can read more about who is protected on our Equality Act 2010 page.

If you are treated less favourably by an employer or service provider because you are trans, this is discrimination. Whether this discrimination is “unlawful”, will depend on a variety of factors.

The recent changes to the definition of ‘sex’ are also likely to affect trans people’s protections from discrimination, harassment, and victimisation based on their sexual orientation. For example, a trans woman who is attracted exclusively to women would likely no longer be protected from discrimination and harassment on the grounds of being a lesbian. However, they would likely still be protected from discrimination and harassment on the grounds of being perceived to be a lesbian, being the partner of a lesbian, or because they are otherwise associated with a lesbian. As these changes are so recent, it’s difficult to know this will affect the legal options available to trans people in real situations.

The FWS judgment has not changed trans adults’ ability to apply to the Gender Recognition Panel for a GRC.

You can apply for a GRC if you want your affirmed gender (“acquired gender”) of male or female to be recognised on your birth certificate. There is no option of a different gender marker for non-binary people.

A GRC can still be used to change HMRC records, and birth, adoption, marriage, and civil partnership certificates. The Supreme Court judgment and subsequent judgements did however decide that a trans’ persons legal ‘sex’ for the purposes of the Equality Act and/or the Workplace Regulations 1992 is not that stated on their GRC and rather is that which they were assigned at birth.

Learn more about the Gender Recognition Act

Public authorities for the purpose of the Public Sector Equality Duty (PSED) are listed in “Schedule 19” of the EA 2010. It also applies to anyone performing a function of a public nature for the purposes of the Human Rights Act 1998; for example, the Equality and Human Rights Commission, health providers, police, local councils, schools and various government departments/Ministers.

The PSED (imposed by s.149 EA 2010) remains following the judgment and means those caught by the provision must in the exercise of their functions have due regard to the need to:

  • eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;
  • advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
  • foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

This continues to be a basis of challenge that trans people can point to if they consider a public authority is not complying with the PSED.

Since the legal decision in the appeal of the employment tribunal Maya Forstater v CGD Europe, “gender critical” views are legally considered a “philosophical belief” that is protected under the Equality Act 2010, in the same way as other religious beliefs and belief systems.

It’s important to be aware that this means that people with “gender critical” beliefs are now legally protected from discrimination because of those beliefs, but this protection has limits. The updated EHRC code states that:

“…less favourable treatment because of something objectionable in the way a protected religious or other belief is expressed may be lawful provided the service provider, body exercising public functions or association can show it was a proportionate response to the objectionable conduct.” (4.96)

However, it also states that “if the less favourable treatment is because of the conscious or unconscious application of a stereotype, or the adoption of a stereotype applied by a third party (for example, in an objection or complaint) this will constitute unlawful direct discrimination.”

In relation to “gender critical” beliefs, the EHRC code states that it is “stereotyping” to believe that “persons who hold or manifest certain gender-critical beliefs necessarily have negative attitudes towards trans people”.

This means that a service provider and/or association cannot treat an individual less favourably simply because they are someone who holds a “gender critical” belief, but they can if it was a proportionate response to “objectionable conduct”.

Your rights in single-sex spaces

The FWS judgment impact the “single-sex service” and “separate sex service” provisions under the EA 2010, which can include for instance, homeless shelters, rape or domestic violence services, hospital wards and changing rooms (non-exhaustive).

This section covers how changes in this area might affect you when you access these services.

There are also additional changes in the EHRC Code which relate to associations (e.g. clubs or societies provided for people of one sex), and to competitive sport. The legal situation in these settings is slightly different, and this guide does not cover those topics. 

Your safety is important and should be taken into consideration when trying to access single-sex spaces. You could:

  • Prepare in advance
    You can research a service before trying to access it by searching for their trans inclusion and equality policies. You can also contact an organisation to ask about their stance on trans inclusion in their services.

    There are a growing number of apps and lists you can use to research toilet facilities in advance:
    The M Scale
    Toilet Map UK
    Refuge Restrooms
  • Buddy up
    It can be helpful to have someone with you for support – for example, you may want to have a cis friend or ally accompany you.
  • In high risk situations, consider gender-neutral services and spaces
    You are not legally required to use gender-neutral services and spaces. However, if you are concerned about your safety, you may feel safer using services that aren’t gendered. In many services and venues, the only gender-neutral toilets available to you may be accessible toilets (sometimes more informally called “disabled toilets”).

You can be prepared for potential situations by knowing your rights in advance.

You are not breaking a law by using an accessible toilet.

You might decide to use accessible toilets because:

  • you’re disabled
  • you feel more comfortable using services that aren’t gendered
  • you feel safer using services that aren’t gendered
  • because you’ve been asked by a service provider to use the accessible toilet because of your sex assigned at birth, gender identity, or appearance

Most accessible toilets are open to anyone to use. However, some are kept locked to prevent misuse. In many venues you can ask a member of staff to open the door for you.

You can also order a radar key which opens the locks on most accessible toilets without the need to ask a staff member. A radar key also allows you to use locked accessible toilets when no staff are present. Some disabled people have suggested that non-disabled trans people could buy a radar key in order to access accessible toilets where no other gender-neutral option is available. You do not need to provide any evidence of disability to purchase a radar key and you can buy one for £5-10. 

If you do decide to use a accessible toilet, please be considerate of disabled people who need to use them:

  • Let other people use the toilet before you: some disabled people might need to use the toilet urgently for medical reasons.
  • Don’t question why other people are using the toilet: other people may have reasons to need the accessible toilet that aren’t obvious to you.
  • Be patient: some people’s disabilities may mean they need to take longer in the toilet than you expect.

Service providers may decide to ask you what your assigned sex at birth is.

In some situations – like diversity monitoring questions – you’re usually given the option not to answer.

In other situations, a service provider may insist that you answer their question. If this happens, here are some steps you can take, if you feel safe to:

  1. Ask for the name and job title of the person who is asking the question.
  2. Tell them that you are simply trying to [use the toilet/get changed for the gym/etc].
  3. Ask why they are required to ask you the question.
  4. Remind the person that under the European Convention on Human Rights, Article 8 states that everyone has the right for their private and family life to be respected.
  5. Ask for a copy of the organisational policy or procedure that requires them to ask the question.
  6. If you’re asked to ‘prove’ your sex by providing evidence, see the section Can I be asked to ‘prove’ my sex?
  7. If you’re then asked to not use the service, see the section What can I do if I’m stopped from using a ‘single-sex’ or ‘separate-sex’ service?

After you’ve left the situation, you could:

  • Write as much down as you can about what happened. Send it to yourself as an email so that you have a time stamped copy.
  • Let us know that you’ve been stopped or challenged using our form.
  • Consider whether you want to make a formal complaint or take legal action.

If you think that the way you were asked about your sex at birth may not have been lawful, you may be able to complain or take legal action. This is more likely to be successful if any of the following happened:

  • You were asked for your sex assigned at birth as a spoken question in a place where other service users might be present
  • You were asked to provide further evidence (especially a birth certificate or GRC) as evidence that you’re eligible for a ‘single-sex’ or ‘separate sex’ service
  • Information about your sex at birth was given to people who did not have a valid reason to know
  • Information about whether you have a GRC was given to people who did not have a valid reason to know
  • The service provider didn’t have a written policy or procedure on how to ask for sex assigned at birth, or staff had not received training on the policy or procedure
  • All service users are being asked to state their sex assigned at birth, and there isn’t clear evidence of an issue involving the “opposite sex” accessing the service
  • You were asked for your sex assigned at birth in order to access ‘single-sex’ or ‘separate sex’ facilities within a ‘mixed-sex’ service where the facilities aren’t the main focus of the service – e.g. gender segregated toilets at a local library service

You could also ask for the following answers in writing. If the answers to any of these questions is no, it could be more likely that the service provider has acted unlawfully:

  • Is there a written policy or procedure specifying how staff members should ask about sex assigned at birth?
  • Have staff received training on this policy or procedure?
  • Are staff members asking for sex assigned at birth because there is clear evidence of an issue involving the “opposite sex” accessing the service?

You may wish to use the following template:

Dear [service provider],

I am writing to you in relation to [service name / description], where I was recently asked to state my assigned sex at birth.

I note that the EHRC Code of Practice states that “To comply with Article 8 of the ECHR, a service provider must be able to objectively justify asking an individual about their sex. A request for information about sex should only be made where it is a proportionate means of achieving a legitimate aim. Furthermore, a request for information about sex which is not a proportionate means of achieving a legitimate aim could also amount to unlawful indirect gender reassignment discrimination.” (13.162)

Do you have a written policy or procedure specifying when and how staff members should ask service users about their assigned sex at birth?
Have staff received training on this policy or procedure?
Are staff members currently asking service users their assigned sex at birth because there is clear evidence of an issue involving the opposite sex accessing the service?

I look forward to receiving your response.

If you decide to seek legal advice, read our information about getting legal advice.

We know most trans people don’t want to answer questions about their assigned sex at birth.

First, ask yourself if the question is necessary – if not, you can simply state this and/or ask them to explain why they need that information.

Irrespective, you are not legally required to state your assigned sex at birth upon request.

You can lawfully refuse to answer questions/provide ‘evidence’ about your assigned sex at birth.

The Code states:

“Where there remains a genuine concern about the accuracy of the response to a request for an individual to confirm their sex, then the service provider, person performing public functions or association should consider what action is proportionate in the circumstances. There is no type of official record or document in the UK which provides reliable evidence of sex. For example, sex on passports and driving licences may be changed with or without a Gender Recognition Certificate (GRC), and birth certificates may reflect the acquired gender of someone who has a GRC. Therefore, it is unlikely to be proportionate or practical to ask for further evidence of a person’s sex. In such circumstances, it is likely to be necessary to weigh up the relevant factors to decide whether to exclude the individual from the service or association or to permit them to continue to access it.” (Para 13.179)

If you are stopped from accessing a ‘single-sex’ or ‘separate sex’ service on the basis of being trans (or being perceived to be trans), and if you feel safe to, you can:

  • Ask for the person’s name and job title.
  • Tell them that you are simply trying to [use the toilet/get changed for the gym/etc].
  • Ask what the “legitimate reason” for your proposed exclusion is under the Equality Act 2010.
  • Ask whether they have alternative option you could use. If you’re asked to use a ‘single-sex’ or ‘separate-sex’ service you’re not comfortable using, see What can I do if I’m told I must use a ‘single-sex’ or ‘separate-sex’ service than I’m not comfortable using?.
  • Ask for a copy of the decision and reasons in writing, together with the organisation’s policy in relation to single-sex spaces and/or services.

We understand that this can be an emotionally difficult situation, and you may not feel able to speak in this situation, or prefer to avoid speaking. You could consider sending these questions by email if you’re unable to communicate these points verbally in person.

After you’ve left the situation, you could:

It is possible the way you have been treated may have been unlawful, if for example:

  • You were told that you would be required to use a ‘single-sex’ service corresponding to your sex assigned at birth, and you weren’t offered a comfortable alternative service you could use instead – such as a ‘mixed-sex’ alternative.
  • or, you were told that there is a blanket policy that trans people cannot use the service, regardless of their sex assigned at birth.

The EHRC Code of Practice suggests that the following would be lawful:

  • A “women only” or “men only” organisation only allowing people to join based on their assigned ‘sex’ at birth.

If you decide to seek legal advice, read our information about getting legal advice.

There are circumstances in which a service provider can defend the exclusion of trans people if it satisfies a certain criteria. If they do not offer a ‘mixed-sex’ alternative and you think that there should be one under the specific circumstances, the EHRC Code of Practice states this may be discrimination in some circumstances:

“The service provider should consider whether there is a suitable alternative service for the trans person to use. In the case of services which are necessary for everybody, such as toilets, it is very unlikely to be proportionate to put a trans person in a position where there is no service that they are allowed to use. If the service provider does not act proportionately, this is very likely to amount to direct or indirect discrimination because of gender reassignment“ (13.148-13.149)

Whether this would be considered unlawful would depend on the exact details of the situation.

If you have told that you cannot access a service because it is ‘single-sex’ or ‘separate-sex’ and there is no alternative you can use:

  • Suggest possible alternatives that they could offer you – for example, an accessible toilet, using a family changing room or separate room, or a separate session
  • If they reject these suggestions, ask for contact details for the management of the service.

After you’ve left the situation, you could:

  • Write to the management asking them to confirm their policy of not offering a service to trans people, and to give their rationale for why this would be a “proportionate means of achieving a legitimate aim”.
  • Let us know that you’ve been stopped or challenged.
  • Consider whether you want to make a formal complaint or take legal action.

If you decide to seek legal advice, read our information about getting legal advice.

If you no longer feel able to use a service because it is ‘single-sex’ or ‘separate-sex’, and the service provider is not offering you a ‘mixed-sex’ alternative option (such as a non-gendered changing room or event), you could send the following letter to the service which reminds them of their legal obligations:

Dear [service provider],

I am writing to you in relation to [service name / description].

Please confirm who the service is available to – is it open to (a) trans women, (b) trans men, (c) non-binary people assigned male at birth, (d) non-binary people assigned female at birth? 

If your service excludes some users, please could you explain the rationale for considering your exclusions a “proportionate means of achieving a legitimate aim” in relation to your obligations under the Equality Act 2010?

The following sections of the EHRC Code of Practice may be important to consider when providing your answer:

“When providing a separate or single-sex service, a service provider (including a person providing a service in the exercise of public functions) must be able to demonstrate that doing so is a proportionate means of achieving a legitimate aim… The service provider (including a person providing a service in the exercise of public functions) must show that providing the service only to one sex or separately to both sexes is a proportionate way to achieve the aim.” (13.113-13.114)

“The service provider (or person providing a service in the exercise of public functions) should consider whether the disadvantage to trans people, and any other people who may be disadvantaged, outweighs the benefits of achieving the legitimate aim. They should also consider whether there is a less intrusive option than excluding trans people which would be proportionate” (13.120)

“The service provider should consider whether there is a suitable alternative service for the trans person to use. In the case of services which are necessary for everybody, such as toilets, it is very unlikely to be proportionate to put a trans person in a position where there is no service that they are allowed to use. If the service provider does not act proportionately, this is very likely to amount to direct or indirect discrimination.” (13.148-149).

If you would like provide a service that is inclusive of trans people, I would be happy to signpost you to information about how you can do so.

I look forward to receiving your response.

Some service providers offer only ‘single-sex’ or ‘separate-sex’ services, with no ‘mixed-sex’ service.

In this situation, trans women are expected to use the service for men, and trans men are expected to use the service for women, with no other options.

In some circumstances, it is likely to be lawful for a service provider not to offer a mixed-sex service.

However – if you’ve told you must use a service based on your assigned at birth, don’t just accept this.

  • There are situations in which it could be unlawful discrimination for a service provider to not offer you a mixed-sex service.
  • The service provider may have assumed that it must operate on a single-sex or separate-sex basis – even though not all service providers are required to do this.
  • A staff member may have assumed this is the service provider’s policy, when it actually isn’t.
  • The service provider may not have considered a mixed-sex service because no-one’s asked for one yet.

If you have been asked to use a ‘single-sex’ or ‘separate sex’ service intended for people of your assigned sex at birth:

  1. Explain that you are just trying to [use the toilet / get changed for the gym etc]
  2. Explain that you do not feel comfortable / safe using the service they have suggested.
  3. Check if the service provider has an alternative ‘mixed-sex’ alternative you could use – examples might include an accessible toilet or family changing room.
  4. If the service provider doesn’t have an alternative option you feel comfortable to use, refuse to use the service.
  5. Ask for a written copy of the policy or procedure that state which services you are permitted or not permitted to use.
  6. Ask for contact details for the management of the service.

After you’ve left the situation, you could:

  1. Write as much down as you can about what happened. Send it to yourself as an email so that you have a time stamped copy.
  2. Let us know that you’ve been stopped or challenged.
  3. Consider contacting the management of the service using the letter template below:
  4. Consider whether you want to make a formal complaint or take legal action.

You could use this template letter to contact the service provider:

Dear [service provider],

I am writing to you in relation to [service name / description].

Please could you confirm that this service is ‘single-sex’ as described in the Equality Act 2010?

Please could you confirm whether you provide a ‘mixed-sex’ alternative to your the ‘single-sex’ service? 

If you do not provide such an alternative, please could you explain the rationale for considering the decision not to offer a ‘mixed-sex’ service to be a “proportionate means of achieving a legitimate aim” in relation to your obligations under the Equality Act 2010?

If you decide to seek legal advice, read our information about getting legal advice.

We’re currently reviewing this section and will be adding this information very soon. Sign up to our newsletter to get emails when we have important updates for you.

A service provider can, in certain situations, ask you to state your assigned sex at birth, but it’s unlikely to be lawful to ask for any further proof, like a birth certificate, adoption certificate, or GRC.

The EHRC Code of Practice acknowledges this:

“sex on passports and driving licences may be changed with or without a Gender Recognition Certificate (GRC), and birth certificates may reflect the acquired gender of someone who has a GRC. Therefore, it is unlikely to be proportionate or practical to ask for further evidence of a person’s sex.” (13.179)

If you have been asked to show a birth certificate, adoption certificate, or GRC as “proof” of your assigned sex at birth:

If you decide to seek legal advice, read our information about getting legal advice.

We’re currently reviewing this section and will be adding this information very soon. Sign up to our newsletter to get emails when we have important updates for you.

We’re currently reviewing this section and will be adding this information very soon. Sign up to our newsletter to get emails when we have important updates for you.

Your rights at work

You can read more about your legal rights around workplace toilets, changing rooms, and other gendered workplace facilities on our Your Rights in Workplaces page.

The EA 2010 still protects trans people from harassment and discrimination in the workplace under the protected characteristic of “gender reassignment” and, in certain circumstances, the protected characteristic of “sex” (e.g. claims based on association, perception or ‘same disadvantage’).

Examples of discrimination at work could include:

  • Not giving you hours, promotions, or equal pay
  • Not giving you training
  • Not giving you access to family leave, pensions, workplace benefits
  • Not giving you a reference
  • Not providing adequate toilet or changing room facilities
  • Not letting you choose between gendered dress code rules – like asking you to wear a uniform based on gender assigned at birth
  • Not being able to update your employee records
  • Not hiring you – or dismissing you
  • Not acting on reports of incidents of transphobic harassment

Examples of harassment could include:

  • Unwanted jokes and physical behaviour
  • Name calling and verbal abuse
  • Spreading rumours
  • Being ignored or excluded

These are all covered by the EA 2010 if they relate to a protected characteristic (e.g. “sex” or “gender reassignment”).

If any of these things happen to you or people connected to you at work, you can make a complaint with your employer.

In order to bring a harassment claim, you do not need to have the protected characteristic yourself. For example, a cis employee can bring a harassment claim relating to gender reassignment if they hear transphobic ‘jokes’ being told in the workplace. All that is required is for the conduct to have the purpose or effect of violating the employee’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

If a colleague repeatedly deadnames or misgenders a trans colleague, for example, this could give rise to a claim for harassment under the EA 2010, particularly if the trans colleague has asked the person to stop and they keep doing it.

Victimisation is being treated unfavourably because:

  • you’ve reported allegations of discrimination (such as experiences of harassment or bullying);
  • you’ve brought a claim for discrimination under the EA 2010;
  • you’ve given evidence or information in relation to proceedings.

Your employer isn’t allowed to retaliate against you in this way and neither is, for example, a new or prospective employer (e.g. if someone refuses to give you a job because you gave evidence against a previous employer in a discrimination case).  

Employers can be seriously punished for allowing this kind of behaviour in the workplace – for example, Taylor v Jaguar Land Rover Ltd awarded a non-binary person £180,000 in damages after upholding claims for harassment, direct discrimination and victimisation relating to a lack of support they experienced in the workplace.

It’s important to act fast if you believe you might have a workplace discrimination claim as there are limits on how long you can leave it before legal action and the time in which you can make a complaint.
 
You can follow these steps to try and resolve the problem:

1. Document
Record as much evidence as you can about what has happened

2. Explain the problem
Talk to your employer informally and explain the problem. You could also signpost them to information about what they are meant to be doing. This might be enough to resolve the problem.

3. Get support
Contact organisations that can help you (in work, your trade union, or organisations like ACAS or the whistleblowing charity Protect). If you’re experiencing ongoing discrimination or harassment, you could contact Galop, a charity independent of the police which provides support for victims of LGBT+ hate crime.

4. Make a formal complaint
Follow your workplace’s procedure for formal complaints (sometimes involves filing a grievance).

5. Make a legal claim

If you’re still not happy, you can take legal action:

  • In work, this is through an employment tribunal.
  • For a complaint relating to personal data, this would be the ICO (the data protection regulator in the UK) and/or the civil courts.
  • For discrimination outside of work or for a hate crime, this would be with the police or the courts.

1. Join a union

  • Your union can give you support if you get called into a disciplinary meeting.
  • Your union can give advice about whether something happening might be illegal.
  • You can speak to colleagues to find out what union they are in, or read about different unions on the TUC website to see what might be a good fit.
  • You can read more about your rights to join a union on the TUC website.

2. Join your employer’s LGBTQ+ network

  • If you’re working at a larger employer, like an NHS trust, the civil service, HMRC, a council, or a big company, there’s probably an LGBTQ+ Network.
  • They can let you know about what support is available at your workplace and what the workplace policies are.

3. Find the trans policy

  • Lots of employers have a specific policy for trans people.
  • It says what support you’re supposed to get from them as a trans person.
  • Looking this up can help you know whether you’re being treated in line with organisational policy.

4. Talk to your manager

  • It can help to talk to your manager in advance about problems or difficulties you might face or are worried about facing.

5. Make a safety plan

  • If you’re at higher risk – for example, if you lone work – you might want to ask your manager about a safety plan being created for you.
  • If you make site visits or travel around for work – you might want to check the policies of the places where you’d typically use the toilets or other facilities.

6. Set boundaries

  • If you’re asked questions by your co-workers, manager, or members of the public – what do you want to answer?
  • Do you want them to know whether or not you are trans?
  • What do you feel comfortable with?
  • The more you’ve thought about this in advance, the easier it is to keep to your boundaries.

Your rights with the police

You are under no obligation to tell the police that you are trans. If you are arrested, you do not have to answer police questions, and you can respond with “no comment” until you have spoken to a solicitor. It is generally recommended that you wait to speak to a solicitor before providing any personal information to the police.

It is still the case that the police cannot unlawfully discriminate against you for being trans under the EA 2010, and they are also caught by the PSED provisions under the EA 2010.

As it currently stands, once you are in custody the custody officer will ascertain what property you have with you and they are permitted to search you to the extent that they consider necessary. Sometimes, if you willingly empty your pockets, then further searching is not considered necessary.

Both the National Police Chiefs’ Council and British Transport Police have issued guidance that while searches are normally should be carried out by someone of the same ‘sex’, trans people may request to be searched by someone they feel more comfortable with, and can (if they consent) be searched by someone of the ‘opposite sex’.

However, this guidance may change in future based on upcoming decision of the High Court in R (Sex Matters) v NPCC and BTP. 

A search – whether a strip search or an intimate search – must normally be carried out with at least one other person present. A search conducted by a single individual is only permitted in exceptional cases involving urgent safety concerns, and such instances are extremely rare in practice.

The policy differs slightly in Scotland.

More information on your rights as a trans or non-binary person if you are arrested can be found on the Liberty website.

A transphobic hate crime is:

  • Physical violence
  • Threats of violence
  • Sexual harassment
  • Or any other crime against you

that is motivated by your gender reassignment (or any other relevant protected characteristic) or in relation to which the perpetrator demonstrated hostility based on your gender reassignment.

If any of these happen to you in the workplace – or anywhere else – it could be considered a crime. An important thing to know is that it’s up to you to decide whether you think that it was motivated by hate and prejudice on the basis of you being trans/perceived to be trans and if so, state that when you report the incident.

If you choose to make a report your rights include:

  • to have the report recorded as a hate incident by the police
  • to get information about and access victim support services
  • to be kept up to date and informed about what is happening
  • to make a statement about how the crime affected you

These four rights are consistent across The Code of Practice for Victims of Crime for England and Wales, the Victims’ Code for Scotland, and the Victim Charter in Northern Ireland – you get additional ones depending on which country you’re in. If you ask for something to be treated as a hate crime, this can mean harsher sentencing for the perpetrator.

After you’ve made a report, the Crown Prosecution Service may or may not prosecute – it depends on how much evidence there is. If they decide to take the case to court, you have additional rights in court to protect you. Your rights are enforceable – so you can complain if the police or CPS don’t treat you properly. You can also make an application to be kept anonymous during the court process.

Many people don’t report hate incidents and transphobia for lots of reasons – we understand it’s not what everyone wants to do. If you don’t want to make a report to the police, or you’re not sure if you want to make a report and want to talk it through with an expert, you can still get support:

  • Galop is a charity independent of the police and provides support for victims of LGBT+ hate crime, including Independent Hate Crime Advocates.
  • Victim Support is a charity independent of the police that supports victims of any crime.

A message to trans people in the UK

We want to encourage trans people not to panic, not all hope is lost – it’s bad, but we don’t know the full extent yet, it takes time to figure these things out.

Even though laws impact our lives, they cannot tell you who you are.

We will keep fighting until all trans people in the UK are able to live safely, in dignity and with access to appropriate healthcare.

You can find more information on the EA 2010 and Supreme Court ruling along with actions you can take to support the campaign to restore our rights on TransActual’s Equality Act Campaign hub.

LGBT+ Switchboard  0800 0119 100 (10am – 10pm)

MindLine Trans+   0300 330 5468 (Fri only, 8pm – midnight)

TRUK Listens   0800 009 6640 (8am – midnight)

The Law

TransActual Equality Act Campaign Hub

TransActual Equality Act page  

TransActual GRA page

Nonbinary Barrister Instagram account

Liberty: Your rights as a trans or nonbinary person if you’re arrested

Supreme Court Judgement on the Equality Act

Toilet maps

The M Scale
Toilet Map UK
Refuge Restrooms

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