05/08/2026
EHRC Guidance Today - What you need to know!
We have posted about this in the group before, however, as the EHRC guidance comes into force today, there will likely be many confused and anxious people out there. Because of this, we feel it is important to share this reminder.
Put simply:
No criminal laws dictate toilet use:
There is no law that specifies which toilets anyone must use.Compliance is voluntary: In order to work, the new guidance completely relies on trans people choosing to comply.
No legal penalties:
If you choose not to comply with the guidance, you cannot be arrested or face criminal charges.
Challengers may be breaking the law:
If someone confronts or challenges you, their conduct could mean they are the ones breaking the law.Filming is strictly illegal: Anyone filming you inside a bathroom or changing space is committing a criminal offence.
No blanket bans allowed:
Venues cannot legally issue blanket exclusions. While venues must act if someone complains, their powers are limited. They can ask if the toilet you are using is appropriate for you, and you can answer this in any way you see fit.
Ultimately, you have the choice to comply or simply carry on as before.
Even the harshest gender critics dislike this guidance because they know it completely relies on voluntary compliance.