Check if a business has discriminated against you because you’re transgender

We’ve reviewed our advice following new EHRC guidance

In April 2025, the Supreme Court ruled that in the Equality Act sex means ‘biological sex’ - this means your registered sex at birth.

The Equality and Human Rights Commission (EHRC) have now published new guidance for businesses and services. The guidance isn’t a law itself, but courts and tribunals will use it as evidence when making decisions.

We’ve reviewed this guidance and updated our advice.

The Supreme Court’s decision doesn’t affect the protected characteristic of gender reassignment. This means you’re still protected from discrimination because you’re trans.

Businesses and services aren’t allowed to unlawfully discriminate against you because you’re transgender. The law that says this is the Equality Act 2010.

The Equality Act says businesses can’t discriminate against people because of things like their age and race. These things are called ‘protected characteristics’.

As a trans, non-binary or gender fluid person, you have the protected characteristic of ‘gender reassignment’ if you:

• are planning to transition from the sex you were assigned at birth to a different sex

• are in the process of transitioning 

• have already transitioned

Transitioning could include things like changing your name, pronouns or the way you dress - you don’t need to have had medical treatment or a gender recognition certificate (GRC).

If you’re non-binary or gender fluid

‘Non-binary’ describes people whose gender identity doesn't sit comfortably with 'man' or 'woman'.

‘Gender fluid’ describes people who don’t have a fixed gender because their gender identity shifts or changes over time.

In the Equality Act, sex means your registered sex at birth. You might not have the protected characteristic of gender reassignment if you’re not transitioning to a different sex. Whether you have the protected characteristic will depend on your circumstances.

Even if you don’t have the protected characteristic of gender reassignment, you’re still protected from discrimination.

If you’re treated unfairly because someone thought you were trans, this can be unlawful discrimination. This is called discrimination by perception. In this situation, you’re still protected under the Equality Act - it doesn’t matter that you don’t have the protected characteristic of gender reassignment.

You’re also protected from sex discrimination. For example it’s sex discrimination if you’re treated unfairly because of your registered sex at birth or what someone assumes your sex is. You can check if you've experienced sex discrimination.

If a business refuses to serve you

If a business provides a single-sex service or separate-sex service, the Equality Act allows them to exclude people based on sex. The definition of sex under the Equality Act is your registered sex at birth. 

The rules are different depending on the type of service you’re using. You might use one of the following types of services:

• a single-sex service - this is provided for people of one sex, for example a refuge for women who’ve experienced domestic abuse

• a separate-sex service - this is for people of any sex but provides separate facilities for men and women, for example a gym with separate changing rooms or toilets

• a mixed-sex service - this is open to people of any sex, at the same time and in the same way, for example a restaurant or cinema

Most businesses are mixed-sex services but they’ll usually include separate-sex services within them. For example a mixed-sex gym that has separate-sex toilets and changing rooms.

If a business refuses to serve you in its mixed-sex areas because you're trans, they have discriminated against you. For example, it’s discrimination if a hairdresser’s refuse to serve a trans woman.

Check if a business can exclude you based on your registered sex at birth

A business can choose to run their separate-sex or single-sex services based strictly on registered sex at birth.

The EHRC guidance says it’s lawful for a business to exclude you from using its service if your registered sex at birth doesn’t match the sex the service is for. For example, a business can provide a single-sex service for women, which might exclude you if that doesn’t match your registered sex at birth. 

If a business excludes you based on your registered sex at birth, they must be able to show that: 

• it’s a fair and balanced way of achieving an aim - for example, to protect safety or privacy

• they’ve considered any negative impact and disadvantage it will have on you

The business should try to offer a gender-neutral or unisex alternative if they exclude you from separate-sex spaces like changing rooms or toilets. 

It’s likely to be lawful if a business provides toilets or changing rooms based on registered sex at birth, and provides a gender neutral alternative.

It’s likely to be discrimination if they exclude you from a service and offer no alternative at all, but it depends on the situation. 

If a business restricts their services, they must still treat you with dignity.

The law is unclear about whether it might still be lawful for a business to allow you to access separate-sex services that match your gender identity. It might depend on the situation.

If you’re excluded from a service that matches your registered sex at birth

A business might be able to exclude you from a single or seperate-sex service that matches your registered sex at birth, if you appear to be of the opposite sex. This is because other service users might be worried about sharing the service with you.

For example, an organisation running counselling sessions for groups of women who are survivors of domestic abuse might be able to exclude a trans man. This is because he presents as a man, and women using the service might be very uncomfortable sharing the service with a man. 

If a business excludes you because of how you present, they must still show:

• it’s a fair and balanced way of achieving an aim - for example, to protect safety or privacy

• they’ve considered any negative impact and disadvantage it will have on you

• they’ve considered an alternative for you

The business must also protect your right to privacy and dignity. If they handle the situation in a way that makes you feel intimidated or humiliated, it might be harassment.

If a business asks about your sex

A business shouldn’t normally ask you about your registered sex at birth. They also shouldn’t assume your sex based only on your appearance.

They can only ask you about your registered sex at birth if they have a very good reason, for example if another customer raises a concern. They must only do this if it’s a fair and balanced way to handle the situation, and there’s no other way to resolve it. If a business asks you about your sex without a good reason, it might be unlawful discrimination or a breach of your human rights.

The guidance also says it’s unlikely to be appropriate for a business to ask about your sex if you’re using a toilet or a changing room. This is because public toilets are usually just part of a business, like a shop or restaurant.

If a business asks about your sex, they must do it in a respectful and private way. If they make you feel intimidated or humiliated, it might be harassment. 

It’s unlikely that a business will have a good enough reason to ask you to show identification to prove your registered sex at birth. This is because official documents like passports and birth certificates can all be legally changed, so they’re not considered a reliable way to prove your sex at birth.

If a business has harassed you

A business or service is never allowed to harass you, no matter what kind of service they run or what their policies are.

If their staff or other customers make you feel intimidated or humiliated because you’re trans, it might be harassment. This is a type of discrimination. Check what to do if you've been harassed by a business.

If you have a gender recognition certificate 

Your gender recognition certificate (GRC) changes your legal sex for things like marriage and pensions, but it doesn’t change your sex under the Equality Act. 

This means that for single-sex and separate-sex services, a business can still treat you according to your registered sex at birth, even if you have a GRC.

If a business asks for evidence of your sex, they shouldn't demand to see your GRC.

It’s illegal for businesses to tell other people you’re trans without your consent - they could get a fine of up to £5,000.

Services for trans people

In some situations, businesses can offer a service to people who share a protected characteristic to help them overcome disadvantage. This is called 'positive action'. 

For example, many trans people avoid swimming because they're worried about discrimination. A leisure centre could offer weekly swimming sessions for trans and non-binary people only, to help them overcome this disadvantage.

If you need to use a service that doesn’t match your gender

You might need to use a medical service that doesn’t match your gender identity. For example, a trans woman might need a prostate exam at a clinic advertised for men or a trans man might need to use postnatal services advertised for women.

If the business doesn’t offer the service to you in a way that protects your dignity and privacy, it might be discrimination.

If you’ve been discriminated against

If you think a business has discriminated against you because you’re trans, there are things you can do to take action against them. For example, if you think the business has broken the Equality Act, you could take them to court.

You can take action even if the business hasn’t broken the Equality Act - for example, you could make a complaint.

You can:

• check if you've experienced discrimination

• check what action you can take - for example, making a complaint or going to court

• check if you can get legal aid on GOV.UK - if you want to take legal action

Get more help

If a business has refused to serve you or made you feel unwelcome because you’re trans, you can:

• call the Equality Advisory Support Service helpline to get more information about discrimination

• get support from an organisation that supports trans people on the Good Law Project website