The Supreme Court judgment on the definition of sex under the Equality Act 2010 (April 2025) has generated significant and understandable anxiety for some staff and students who are considering the impact these changes may have on their day-to-day lives and what they may mean for the future.
On 21 May 2026, the EHRC's draft Code of Practice for Services, Public Functions and Associations was submitted to Parliament by the Minister for Women and Equalities. The draft Code offers guidance to institutions on how the law should be applied in practice. Based on that guidance, this update provides an overview of the current position in relation to sex and gender, explains what we know and what remains uncertain, and sets out the University’s approach.
The University's priority is to support all members of our community with dignity, respect and compassion, ensure compliance with the law, and fulfil our wider commitments to equity, diversity, inclusion, belonging and wellbeing.
The Current Position
The draft Code remains subject to the statutory approval process. Approval is expected to be considered later in 2026, and changes may still be made before the Code is implemented.
The draft Code is primarily focused on services, functions and facilities. Further guidance relating specifically to employment matters may still be required. This is important because the University must consider the legal and practical implications of the Code in its different roles as:
- a provider of services and facilities;
- an educational institution;
- an employer;
- a research organisation; and
- a sporting institution.
What the Code Says
The draft Code does not create new law. It sets out the EHRC's interpretation of how existing law should be applied following the Supreme Court judgment and states that, for the purposes of the Equality Act 2010, references to "sex", "woman" and "man" are interpreted according to biological sex.
(*Throughout this update, terminology such as "biological sex" is used where it reflects the language of the Supreme Court judgment and the EHRC draft Code when explaining the current legal position. The University recognises that some members of our community do not regard this as their preferred terminology. Its use in this document reflects the legal language contained in the draft Code and is not intended to diminish, invalidate or make assumptions about any individual's gender identity or lived experience).
The Code clarifies that non-binary, and intersex identities are not protected characteristics in themselves under the Equality Act 2010. However, individuals may still be protected from discrimination or harassment depending on the circumstances of a particular case.
The University recognises that non-binary and intersex people experience disadvantage and marginalisation. This understanding continues to inform our strategic approach to equity, diversity, belonging and inclusion, and our commitment to creating a safe, respectful and inclusive environment for everyone.
Facilities
The draft Code states that:
- Single-sex services and facilities, such as toilets and changing rooms, are generally intended to operate based on *biological sex.
- Organisations should consider providing alternative arrangements, such as mixed-sex or gender-neutral facilities, to ensure transgender people are not left without suitable facilities.
- Routine questioning or verification of an individual's sex when using facilities such as toilets is inappropriate.
The University is not making any changes to its current approach to toilet and changing facility access at this stage. This means that staff and students should continue to use facilities in accordance with the University's existing guidance while the statutory approval process, consultation and Equality Impact Assessments are completed.
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. Any concerns should be raised with EDI Services or through a line manager, rather than directly with individuals and staff and students or staff and students can be report anonymously through the Online Reporting Portal.
Dignity and Respect
The draft Code emphasises proportionality, privacy, dignity and respect when balancing competing rights and beliefs.
The University remains committed to these principles in all day-to-day interactions and decision-making. We will continue to support constructive dialogue and provide resources to help members of our community engage respectfully and "disagree well", recognising that people may hold differing views while remaining committed to treating one another with dignity and respect.
Safety, Compassion and Respect for All
Safety
We recognise that changes in the interpretation of the law have caused significant distress and uncertainty for many transgender, non-binary and intersex people, alongside those who support them. For some people, these changes have increased feelings of vulnerability, anxiety about everyday activities such as accessing facilities, concerns about discrimination and hate crime, and wider impacts on mental health and wellbeing.
The Supreme Court judgment 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 is clear. We remain 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.
Compassion
We recognise that when interim guidance was issued, the University adopted a cautious approach to manage legal and regulatory risk. In retrospect, that process should have been accompanied by greater consultation, engagement and compassionate communication with those most directly affected. For some members of our community, our communications created further uncertainty and anxiety by suggesting there was potential for more immediate or significant change than was intended. We recognise the impact this had and are committed to learning from that experience as we move forward.
Respect
The draft Code raises issues about which some members of our community hold differing views and strong feelings. The Equality Act 2010 protects people with the protected characteristic of gender reassignment and also protects people who hold gender-critical beliefs, provided those beliefs are expressed lawfully.
We are therefore creating opportunities for staff and students from a range of perspectives to contribute to consultation as part of an institutional Equality Impact Assessment (EIA), ensuring that the experiences of those most affected help inform any future decisions. This communication was also subject to consultation from people with a range of diverse perspectives.
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.
Equality Impact Assessments: An Evidence-led Approach
Undertaking an institutional Equality Impact Assessment will ensure an evidence-led approach before any further decisions are made (noting that no changes are being introduced at this stage). This approach will include:
- engaging directly with those most affected;
- carefully considering the implications for all protected characteristics and other marginalised groups;
- assessing potential impacts on dignity, wellbeing, inclusion and safety;
- seeking legal and/or sector advice where appropriate; and
- communicating openly and transparently throughout the process.
The University will continue to meet its legal obligations while complementing compliance with approaches that are practical, proportionate and respectful of the experiences and rights of everyone in our community. We will continue to consider emerging issues on a case-by-case basis and proactively address concerns identified through Equality Impact Assessments.
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 about how staff and students can express an interest in participating in the EIA consultation process.
Next Steps
The University will continue to monitor developments as the draft Code progresses through Parliament.
No further operational changes will be implemented until some or all of the following have been completed:
- the statutory approval process has concluded;
- the final Code has been published;
- any further employment-related guidance has been understood;
- Equality Impact Assessments have been completed; and
- meaningful consultation with affected groups has taken place.
Further updates will be provided as more information becomes available. There will also be further updates regarding any implications for other protected characteristics within our university community, including disability and age.
Current Guidance for Staff and Students of Loughborough University
- Continue to use toilet / washing/ changing facilities on both Loughborough and London campuses as you did before.
- Continue to treat other members of the University community with dignity and respect, in all environments.
- Anyone with questions or concerns about the conduct of other staff or students should:
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. Recent 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 the draft 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 networks 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 this ruling.