Equality Act 2010: Code of Practice

Debate between Seema Malhotra and Vikki Slade

Monday 1st June 2026 Commons Chamber

[Seema Malhotra]

It is important to clarify that we continue to have engagement, and my hon. Friend may want to raise some of those matters with the EHRC. What we have said about challenging is that, prior to this debate, people have been able to sensitively say when somebody is walking into the wrong toilet, and to raise that. If there is a concern that goes beyond that, they should alert a member of staff. We expect that there will be training within organisations, and that organisations will see themselves as having a responsibility to ensure they are providing an inclusive service to all. As we continue to move forward with this debate, it is important that that training takes place, so that issues are dealt with sensitively and that individuals and organisations do not feel that either they do not have a way of asking, or it is not being handled in a proportionate way.

[Vikki Slade (Mid Dorset and North Poole) (LD)]

One of my constituents described this code of conduct as “trans apartheid”. Another said that it was “state-sponsored repression”. Let us flip it, because we always talk about trans women; let us talk about trans men. If the rules say that somebody cannot enter a toilet of the gender that they were not born, a trans man is no longer allowed to go into a men’s toilet, but they also may not be allowed to go into a ladies’ toilet—their sex at birth—because at that point, they might become a threatening prospect for some people. They often are exceptionally well built young people, and a woman can say that they feel uncomfortable about that person in their toilets. Where are the human rights and privacy of the trans person in all this? I am concerned that we have missed the very group of people who are most affected.

[Seema Malhotra]

The draft code says that if someone has concerns about users of the opposite sex, or those perceived to be of the opposite sex, and raises those concerns with a service provider, the service provider can ask those users to confirm their sex, but that this should be done sensitively and with their privacy protected. It also outlines that staff should be equipped to handle such sensitive situations. If someone still wants to engage someone whom they believe to be in the wrong space, we would expect them to do so in a way that does not compromise anyone’s safety. Women should not have to face intrusive questioning simply because they do not conform to feminine stereotypes, and the draft code is explicit that service providers must handle any such queries sensitively and proportionately. Everyone must have access to the services that they need.