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Understanding Sex Under the Equality Act 2010: What VCSE Organisations Need to Know

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07 Aug, 2026by Julie GibsonInformation, advice and guidance

Understanding the definition of Sex within the Equality Act 2010, the latest Equality  and Human Rights Commission (EHRC) Statutory Code of Practice, and what Voluntary Community & Social Enterprise (VCSE) groups need to consider. 

CAN acknowledges that this subject is deeply emotive for some people.  This article aims to share how current legislation applies to Norfolk’s VCSE sector rather than being an endorsement of it.   

A note on language: In this article the term ‘biological sex’ is used by, and in reference to, a Supreme Court ruling in April 2025.  CAN recognises that this language is not inclusive of gender diverse people and intersex individuals born with characteristics outside of the gender binary, who would more usually use ‘sex assigned at birth’. 

UK Supreme Court ruling on the 16th April 2025 in For Women Scotland Ltd v The Scottish Ministers.  

The ruling stated that the legal definition of sex is based on biological sex (this means a person’s legal sex is the one recorded at their birth).  This means single sex spaces and services must be based on a person’s sex assigned at birth.   

This also means that a person’s legal sex does not change when they have a Gender Recognition Certificate (GRC).   

What does this mean for my group? 

Physical spaces - For single sex public places, like single sex toilets or changing rooms, these must be used based on a person’s sex assigned at birth, not their gender.  Unisex self-contained lockable cubicles / changing rooms are suggested as a solution.  Understandably, this means that some venues will need to consider how they make these spaces available. 

Services – If you provide services based on gender, you will need to consider how this applies.  If your governing document states you provide services for a particular sex, then you might need to seek legal advice as to whether or not this will include / exclude trans people based on their gender.  In some cases, you might consider amending your objects to be defined by gender rather than sex.  The important thing with this is to make sure you follow the correct process around this (for example, a charity must seek Charity Commission approval and advice before amending its objects etc).   Our Community Development Team can provide support with this.  

Duty to be inclusive 

The VCSE sector is required by various regulations and good practices to be inclusive, as far as practical.  The Equality Act includes sex and gender reassignment as two of the protected characteristics, which means that you should not exclude people based on these characteristics unless it can be demonstrated that there is a legitimate reason to do so.  Always seek advice if you are unsure whether your group / activity can exclude people based on any of the protected characteristics.    

Sources of information 

What are the protected characteristics? 

The Equality Act can be found here.   

Following the Supreme Court ruling, the Equality and Human Rights Commission (EHRC) has published guidance on how to apply the ruling to public and statutory bodies. 

When in draft form the Code of Practice faced heavy criticism and concerns were raised that it could result in the exclusion of trans people.  

Articles about this can be found here:

 

Articles about the impact the ruling has had on VCSE sector groups can be found here: 

 

Articles about how the Code and Equality Act applies can be found here: 

 

Support for people affected by the ruling 

In Norfolk we have a larger than average LGBTQ+ population compared to the rest of the country; roughly 1.07% of Norwich’s population identifies as trans or non-binary compared to about 0.5% of the national population having a gender identity different from their sex assigned at birth.  Trans people are a minority group who are four times more likely to be victims of violent crime than cisgender people.   

Local resources: 

  • LGBTQ+ Project | Mental health and well-being support The primary dedicated health and wellbeing charity for LGBTQ+ people in the county. They offer one-to-one mental health support, counselling, and free drop-in groups for all age groups to reduce isolation. You can contact them by phone at 01603 219299 or via their website. 
  • NHS Talking Therapies can support you in the first steps to make changes in your life. It offers support to manage your levels of stress and connect you with others, as well as symptoms of anxiety and depression. Call 0300 123 1503 
  • The Wellbeing Hubs across Norfolk and Waveney are a safe space to get support in your community. 
  • The Reading Well scheme at Norfolk libraries. It offers self-help books recommended by healthcare professionals and mood-boosting books. 
  • Norfolk and Waveney Mind offers various services. It includes supported housing, crisis helplines, drop-in centres, employment and training schemes, counselling and befriending. 
  • Oasis Norfolk hold monthly meetings for members of the trans community and their friends and family.  Their website also has advice and links to other services. 
 

Practical support for trans+ individuals: