Leading UK trans rights group warns human rights regulator not to predetermine outcome of consultation on impact of Supreme Court judgment

In a letter sent to the regulator, TransLucent highlighted concerns that the interim update published by the EHRC following the Supreme Court judgment as well as statements made by the chair and a commissioner to the press and on social media may undermine the fairness of the EHRC’s forthcoming consultation on the implications of the judgement for the EHRC’s code of practice. They argue that by making these statements, the chair and commissioner may mean that the EHRC cannot show that it has an open mind in its approach to the consultation. 

The letter highlights examples of statements by Baroness Falkner, the chair of the EHRC, and Akua Reindorf, including statements that trans women “should not be permitted to use the women’s facilities” in workplaces or public-facing services like shops and hospitals. 

The EHRC said it released its interim update on the practical implications of the Supreme Court ruling because “many people have questions about the judgment and what it means for them”, but TransLucent is concerned that the guidance and public comments from commissioners have harmed the consultation process and brought into question the open-mindedness the chair and commissioners are required to have. 

The organisation is represented by Leigh Day partners Ricardo Gama and Andrew Lord and solicitors Anna Dews and Tiffany Bucknall 

Steph Richards CEO of TransLucent said: 

“TransLucent are deeply concerned by the EHRC's Interim Update and the comments by its chair and a commissioner regarding the Supreme Court's devastating judgment, which has caused immense distress to the trans community and confusion to both service providers and employers. The EHRC appears to have ignored the fact that trans people are still protected under the Equality Act and, as such, can only be legally discriminated against in circumstances when it is a "proportionate means of achieving a legitimate aim.”  

Leigh Day solicitor Anna Dews said: 

“By publishing its interim update so promptly, it seems the EHRC recognised that many people look to the commission as a bastion of equality and human rights in this country, and that any guidance they publish will inevitably be followed by many.  

“The worry for our client is that there has not yet been any consultation with trans communities and other affected groups, and the statements from the chair and commissioner that followed the publication of the update, particularly in relation to provision of single sex spaces, suggest that their minds are closed to any other outcome. If these statements express personal views rather than that of the commission as a whole, our clients request that the EHRC urgently clarify this through a public statement.”