The Code provides statutory guidance on how the Equality Act 2010 should be interpreted and applied. It does not create new law, but it provides important guidance that universities, must take into account when making decisions.
What has changed?
Current arrangements for toilets and changing facilities
The Approved Code says: Single-sex facilities should be based on sex i.e. where an organisation provides a single-sex service or facility, it must be provided based on sex as defined in the Equality Act 2010 following the Supreme Court judgment. This means that facilities are designated as a women-only or men-only. The Code also recognises the need to avoid leaving people without access to suitable facilities and advises that practical alternatives, such as separate inclusive or gender-neutral facilities should also be provided, where appropriate.
The University position: Alongside single sex facilities, the university has provided inclusive toilets across both East Midlands and London campuses.
The Approved Code says: Approaching people in toilets or changing rooms to establish their sex is inappropriate and disproportionate and has clarified that organisations should act sensitively and respect privacy when dealing with questions relating to sex. The Code is not advising organisations to challenge individuals or ask that individuals verify that they are eligible to use the facilities provided.
The university’s position: The University does not support individuals questioning or challenging another person's use of toilets or changing facilities. Depending on the circumstances, this behaviour may constitute harassment under university policy for staff or students.
However, this does not mean that the university will not respond to concerns arising from these changes. Rather than raise concerns directly with individuals, staff and students are encouraged to report concerns anonymously through the Online Reporting Portal or raise with EDI Services or Security, as appropriate. Staff can also raise concerns through a line manager.
The Code says: Organisations should assess, whether there are sufficient individual facilities available, whether existing accessible or gender-neutral facilities are appropriately located and available and whether changes would be needed to ensure nobody is left without dignified access to facilities.
The University’s response: The University will provide members of the community with an accurate update on the location of inclusive facilities. This is an outstanding action. The information is currently being collated and will be provided as soon as possible. The university will also continue to monitor any future impact that introducing inclusive toilets may have on those with protected characteristics.
Also, as part of next steps, the university will provide information about the location and availability of facilities as part of an Equality Impact Assessment and seek consultation from members of the community most directly affected, from a range of perspectives, as to whether proportionate changes need to be made to ensure that there is sufficient access and to mitigate against concerns.
Other considerations
Since the Supreme Court Ruling the University’s communications have focused on facilities because this is the area that generates the most immediate concern. However, the Code does require institutions to consider other matters, such as implementing Equality Impact Assessments and evidencing equitable decision-making processes. The Code also provides guidance on positive action and strengthens approaches to disability and neurodiversity and other matters relating to protected characteristics, such as menopause.
Some elements of this guidance are reflected in a draft Equity Strategy and refreshed draft of the EDI Core Plan. These documents are currently available for feedback from members of the University community. Future communications will provide updates on the University’s progress in meeting the wider requirements of the Code.
What hasn’t changed?
Loughborough University’s ongoing commitments
Loughborough University remains committed to supporting all members of our community with dignity, respect and compassion, while meeting our legal responsibilities and maintaining our commitment to equity, diversity, inclusion, belonging and wellbeing.
The University recognises that the Supreme Court judgment on the definition of sex under the Equality Act 2010 and the subsequent EHRC Approved Code has generated a range of views and emotions across our community.
Our approach continues to be to:
- protect all members of our community from discrimination, harassment and victimisation;
- consider the impact of any changes carefully through evidence, Equality Impact Assessment and appropriate consultation;
- support respectful discussion and lawful freedom of expression
- comply with our legal obligations;
Freedom of Expression
Staff and students have the right to express lawful views, including views about the University's approach, and to engage in respectful debate on matters where there may be strongly differing opinions.
The University equally expects all members of its community to treat one another with dignity and respect. Freedom of expression does not extend to harassment, bullying, discrimination or victimisation, all of which are inconsistent with the University’s values and policies and may result in appropriate action.
Members of the University community should familiarise themselves with both the University’s Freedom of Expression Policy and the Harassment and Bullying Policy when participating in discussions relating to these issues.
Safety, Compassion and Respect for All
The Supreme Court judgment and subsequent approval of the Code does not remove the legal protections afforded to people with the protected characteristic of gender reassignment under the Equality Act 2010. The University’s position remains committed to creating a safe, respectful and inclusive environment and will continue to take steps to protect transgender staff and students from:
- discrimination;
- harassment;
- victimisation; and
- other unlawful treatment under the Equality Act.
Next Steps
In September 2026 the university will begin the process of:
- engaging directly with those most affected by the Approved Code through an Equality Impact Assessment;
- carefully consider the implications for all protected characteristics and other marginalised groups;
- assess potential impacts on dignity, wellbeing, inclusion and safety;
- proactively address concerns identified through Equality Impact Assessment:
- Continue to communicate openly and transparently throughout the process.
We will continue to consider emerging issues on a case-by-case basis seeking legal advice where appropriate and so encourage members of our community to share any concerns or observations.
In addition to the institutional EIA, further assessments will be undertaken where there are specific operational requirements, external regulation or established practice, such as within Loughborough Sport. Further information will be shared (September 2026) about how staff and students can express an interest in participating in the EIA consultation process.
Guidance, support, advice and information for students and staff
Report
- Report any concerns via the University Online Reporting. Please note that this tool is available for both students and staff.
- For more urgent matters you can also contact Security via +44(0)1509 222 141 or Security@lboro.ac.uk
For advice and information
- Staff and Students can contact EDI Services directly via Edi@lboro.ac.uk
- Staff can contact HR directly via hr.services@mailbox.lboro.ac.uk
For support
We recognise that studying or working within a university environment can be an important part of exploring and expressing identity, including gender identity. Developments in the interpretation of the legislation may have made this especially difficult for some members of our community. We also recognise that others may have concerns regarding access to single-sex spaces.
Support is available for anyone affected by these issues, regardless of their perspective or personal circumstances. Information about the University's wellbeing services, counselling, staff support and advice from EDI Services can be accessed via the list of contacts below.
If you have any questions or would like to discuss the University's approach to Approved Code, please contact EDI@lboro.ac.uk.
Contacts for students and staff
- Students can contact Student Services via StudentServices@mailbox.lboro.ac.uk.
- Staff can access support through the University’s Employee Assistance Programme (call 0800028 0199)
- Confidential support and information in relation to Trans and non-binary gender identity is available via Lisa Vine please contact Lisa Vine directly for support and advice.
The LGBT + Staff Network can be contacted for support and advice. The network sends the following message: “The LGBT+ Staff Network is firmly trans-inclusive and recognises trans people as an important part of our Network. We continue to offer support, community and advice to anyone affected, whether directly or as an ally to someone they know. Please feel free to speak to us online or meet for an in-person cuppa and a chat, if this would be more helpful.
Please also contact EDI Services via Edi@lboro.ac.uk if you have any more general comments, concerns or queries, at any stage, about the Loughborough University response to the Approved Code.