LGBTQ+ charities across the UK and Northern Ireland have expressed deep concern following the publication of updated guidance by the Equality and Human Rights Commission (EHRC), warning that the changes will significantly impact the rights of trans people.

The revised Code of Practice, published on May 21, updates how the Equality Act should be applied in employment, public services and the operation of public authorities in England, Scotland and Wales. The changes follow last year’s Supreme Court ruling on the definition of ‘woman’ and ‘biological sex’, which had a deep impact on the lives of trans people in the country.

However, Northern Ireland-based LGBTQ+ organisation The Rainbow Project has urged government departments, employers and service providers not to rush into changing workplace policies or the provision of gendered facilities.

The charity said Northern Ireland’s legal framework differs from that of Great Britain and pointed to an ongoing judicial review by the Equality Commission for Northern Ireland examining whether the Supreme Court ruling should apply in the region.

Scott Cuthbertson, chief executive of The Rainbow Project, said there had already been “significant commentary” suggesting the latest Supreme Court decisions should automatically alter how trans rights are interpreted in Northern Ireland.

“It’s important to note that Northern Ireland has different laws, a different Equality Commission, and an ongoing judicial review assessing whether the ‘For Women Scotland’ judgment may impact people here,” he said.

Cuthbertson added that trans people in Northern Ireland remained protected under Article 2 of the Windsor Framework, which commits the UK Government to ensuring there is “no diminution of rights” following Brexit.

The organisation argues that several European legal judgments continue to support protections for transgender people under anti-discrimination law. Alexa Moore, policy campaigns and communications manager at The Rainbow Project, said recent European rulings reinforced the principle that transgender people should be recognised as their lived gender.

Meanwhile, other LGBTQ+ organisations across the UK have condemned aspects of the EHRC’s updated guidance. Trans advocacy group TransActual claimed the proposals would leave trans people with fewer rights than before last year’s Supreme Court judgment.

“Not only does this new guidance fail to protect the rights and dignity of transgender people, but appears to have weakened protections for the LGBTQ+ community as a whole,” the organisation stated.

“TransActual will continue to fight for equal access to public life for all trans people, and will publish our full thoughts on the new Code once we have had the time to properly scrutinise it – something that the Government seems keen to avoid.”

 

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Charity Not A Phase criticised recommendations suggesting trans people use facilities aligned with their sex assigned at birth, regardless of whether they hold a Gender Recognition Certificate.

 

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In a statement shared online, the organisation described the guidance as effectively treating trans people as a “third gender” and warned the resulting media debate could be distressing for the community.

“We condemn this outcome,” the charity said, encouraging trans people to step away from social media and news coverage if needed to protect their wellbeing