Committee publication · Correspondence · 8 July 2026 · HC 174

Correspondence from Equality and Human Rights Commission (EHRC) re, follow up from oral evidence session on 9 June, 2 July 2026

Inquiry: Work of the Equality and Human Rights Commission (EHRC) (2026-27)

Summary

The EHRC Chair's follow-up letter to the Women and Equalities Committee addresses the Commission's functioning, budget constraints, and detailed legal interpretation of the Code of Practice for Services following Supreme Court judgment on single-sex services. It clarifies that the Code reflects biological sex definitions in law and explains how positive action provisions, sporting events, and facility access should be interpreted under the Equality Act 2010.

Key findings

EHRC budget of £17.1m is insufficient: adjusted for inflation since 2012 baseline, would now exceed £24m; budget constraints limit scale, pace, and ambition; additional 10% funding (£1-2m annually) would enable legal support funds, enforcement activities, and inquiry work.
Code of Practice does not create law but reflects Supreme Court judgment that single-sex service provisions operate on basis of biological sex; if a service allows trans women into women's facility, it becomes mixed-sex and loses single-sex exemption.
Positive action under section 158 EA2010 cannot override single-sex service provisions; allowing trans women into single-sex women's services would likely constitute direct discrimination against men and indirect discrimination against women.
Sporting events with competitive elements must apply biological sex basis; mixed-sex categories or gender-balanced team options could enable trans participation without undermining single-sex provisions.
Young children (e.g. under 10) may accompany opposite-sex parent in single-sex facilities without undermining purpose; exception differs from adult trans women access as it does not negate single-sex nature of facility.
EHRC has expanded statutory responsibilities (gender pay gap, website accessibility, sexual harassment prevention, whistleblowing disclosures, socio-economic duty in Scotland and Wales) without commensurate funding increases.

Tone

Factual

Topics

equality-lawsex-discriminationpublic-fundinggender-identity

Key actors

Mary-Ann Stephenson, Chair, Equality and Human Rights Commission, Sarah Owen MP, Chair of Women and Equalities Committee, Supreme Court, Ministry of Justice, Office for Equality and Opportunity, Stonewall, Fawcett Society

Notable line

“… the Code does not make the law. The Supreme Court confirmed that "read fairly and in context …”

Key Quotes

“Our current funding envelope of £17.1m enables us to deliver our statutory duties, but it limits the scale, pace and ambition of our work.”
— Mary-Ann Stephenson, Chair, EHRC · addressing budget constraints and ability to fulfil statutory functions

“Adjusted for inflation, that baseline would now exceed £24m.”
— Mary-Ann Stephenson, Chair, EHRC · explaining inflationary impact on 2012 baseline budget of £17.1m

“… if a service allows trans women into a service for women, it would be difficult to justify refusing to provide that service to all men.”
— Mary-Ann Stephenson, Chair, EHRC · citing Supreme Court reasoning on single-sex service exemptions

“… if a service allows trans people to use a service intended for the opposite sex, the service would necessarily be a mixed sex service and would not benefit from the single and separate sex exemptions in the EA2010.”
— Mary-Ann Stephenson, Chair, EHRC · clarifying legal status of facilities allowing opposite-sex access

“A sustained increase of 10 per cent in our budget, between one and two million pounds a year, would enable us to make real progress on that agenda and achieve real impact.”
— Mary-Ann Stephenson, Chair, EHRC · specifying additional funding needed for expanded work programmes

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Source · parliament.uk record ↗