We are taking legal action against the Equality & Human Rights Commission (EHRC) over their failure to carry out a fair consultation on changes to their code of practice following a Supreme Court decision about the definition of the words 'man', 'woman' and 'sex' in the Equality Act 2010.  

The consultation has massive implications for trans people, for businesses and employers, and for everyone who accesses services. 

Earlier this month, we wrote to the EHRC to demand they extend the consultation period on their revised Code of Practice to a minimum of 12 weeks. They ignored us and went ahead with a much shorter six-week consultation.   

UK courts have established that consultation periods should be at least 12 weeks where possible.  We think it’s particularly important for the EHRC, the UK’s equalities watchdog, to listen to this, so that people who are affected by the proposals can have their say.  

Why should you care? 

This guidance will have significant implications for how all of us access services – from our jobs, healthcare, schooling, social clubs we might join, all the way up to how the armed forces operate. It will predominantly affect how trans people can access public spaces and facilities, but it will also have an impact on people who are not trans but do not conform to society’s expectations of what men and women should look like.  

The draft Code of practice is long and complicated and touches on many complex areas of the law. It is vital that the consultation period is long enough for people to understand and be able to respond so that the new rules protect everyone’s rights. The current consultation period is not long enough, and that puts trans people at risk of being unfairly excluded from spaces that help them live in dignity – as we all should.  

We need your help   

Standing up to power is difficult and expensive.  

To get this case off the ground, we need to show the EHRC that we are ready to take it all the way. That means we need to show that we can cover our costs, and a portion of their costs in case it doesn’t go our way.  

In other words – we need your help.  

If you believe in protecting all of our rights, and think that institutions must act lawfully, please donate to make our case possible.  

Please donate now and share with friends and family!  

Any unused funds will be donated to the Civil Liberties Trust and used to support Liberty’s work.