TEMPLATE LETTER FOR CONSTITUENTS
Table of Contents
- Dear [MP NAME]
- Re: Parliamentary Scrutiny Needed for Updated EHRC Code of Practice
- A devastating impact on day-to-day lives
- A legal and logistical minefield
- Conflict with established human rights
- Legal uncertainty
- In sum, the need for parliamentary oversight
- Appendix: example wording for a letter to the Minister for Equalities and Prime Minister
---
Dear [MP NAME]
Re: Parliamentary Scrutiny Needed for Updated EHRC Code of Practice
As you may be aware, in April the UK Supreme Court ruled on the definition of “sex” in the Equality
Act. In so doing, they overturned 15 years of legal understanding. The Equality and Human Rights
Commission (EHRC) has now submitted an updated statutory Code of Practice on Services, Public
Functions and Associations to the Minister for Equalities. It’s likely that this will be laid before
Parliament under the “negative procedure” very soon.
This new Code impacts the fundamental rights of both trans and non-trans people in the UK. It will be
burdensome, costly and unpopular for those tasked with making it happen. There is also significant
legal uncertainty over its lawfulness. And yet, unless it is challenged, the new Code will become
Statutory Guidance with no oversight from Parliament.
I am therefore asking you to write to the Women and Equalities Minister and to the Prime
Minister to ask for proper Parliamentary scrutiny, debate and a free vote on any new Code.
I also ask you to support any motion tabled in Parliament objecting to a Code that risks
breaching people’s human rights.
A devastating impact on day-to-day lives
The Supreme Court claimed that their ruling “does not cause disadvantage to trans people” and “does
not remove or diminish the important protections available under the EA2010”. However, the ruling
and initial EHRC guidance have already had devastating impacts on the day-to-day lives of people in
the UK. Not just trans individuals; but non-binary, intersex, gender non-conforming, and disabled
people as well. Speaking from personal experience… [add in any personal testimony you have]
These reports from TransActual also document with heartbreaking clarity the harassment, fear,
segregation and exclusion trans people and others are now facing:
https://transactual.org.uk/impacts-of-the-supreme-court-ruling-on-trans-people/
These show how many of the proposed changes do not meet the EA2010 requirements for positive
action, because they impose artificial standards of femininity (or masculinity). Worse, prohibiting
people from making their own decisions on who they can include in a group threatens people’s rights
to freedom of association. We now have an absurd situation where small groups of women who claim
to be women’s rights campaigners are threatening other, larger women’s groups with court action
because they have voted democratically to include trans women in their service or organisation.
Therefore, women’s human rights are also under threat.
A legal and logistical minefield
The initial draft Code of Practice released by the EHRC created a logistical, financial and legal
minefield for organisations, businesses and public services. This is detailed by Trans+ Solidarity
Alliance and Safe Space UK, in an open letter signed by over 650 organisations:
https://www.independent.co.uk/news/uk/politics/supreme-court-trans-single-sex-spaces-b2826924.html
Conflict with established human rights
The Scottish Human Rights Commission (SHRC) has specifically raised serious human rights concerns about the EHRC’s planned Code, writing:
“We are concerned that basic rights to dignity and respect for all may be undermined … [T]he interpretation of this judgment and the resulting changes in policy, public discourse and the behaviour of duty-bearers are highly likely to have an impact on the rights of people in Scotland … In our conversations with legal and academic experts, we heard a clear and universal concern about the risks to rights following the judgment.”
https://www.scottishhumanrights.com/media/3044/positionstatement-policy-sexandgender-11082025.pdf
These concerns are elaborated in detail in this report by Equality Network:
https://www.equality-network.org/the-erosion-of-trans-human-rights-in-the-uk/ and have been echoed
by 18 UN Independent Human Rights Experts, as laid out here:
https://www.ohchr.org/en/press-releases/2025/05/un-experts-warn-legal-uncertainty-andrights-implications-following-uk.
To its shame, the UK has now sunk to an all-time low on the ILGA-Europe Rainbow map as a result of the Supreme Court ruling:
Legal uncertainty
Meanwhile, the Equality Commission of Northern Ireland (ECNI) have raised questions of legal
uncertainty, including the compatibility of the Supreme Court ruling and EHRC Code with other
equality legislation, and with the Windsor Framework, which commits to no diminution in relation to
certain EU equality protections that are rooted in the Good Friday Agreement.
https://www.equalityni.org/SCJ
The EHRC’s interpretation of the Supreme Court ruling is also currently subject to a significant legal
challenge by the Good Law Project.
https://goodlawproject.org/update/update-our-challenge-against-the-ehrcs-interim-guidance/
In sum, the Supreme Court judgment and the EHRC’s interpretation is giving rise to huge amounts of
uncertainty, confusion and fear. Never mind the serious risk of human rights violations.
On principle, any change to law and/or policy that risks the human rights of any group should be
subject to proper Parliamentary oversight. Yet, unless MPs like yourself act now, a new Code
of Practice will enshrine all of this risk and confusion into Statutory Guidance with no oversight from
Parliament.
I therefore call on you to write to the Minister for Women and Equalities and the Prime Minister, asking
them to ensure that any new EHRC Code of Practice laid before Parliament is subject to:
1. full scrutiny
2. meaningful debate
3. a free vote by MPs
In case it is helpful to you, I have included some example wording below.
I also ask that you support any motion tabled in Parliament objecting to a Code that infringes on
human rights standards.
Yours sincerely,
[YOUR NAME]
-----------------------------------------------
Appendix: example wording for a letter to the Minister for Equalities and Prime Minister
Dear Secretary of State and Prime Minister,
You will shortly be responsible for laying a new Code of Practice for Services, Public Functions and
Associations before Parliament.
As you know, serious concerns have been raised about this new Code from multiple affected groups,
regarding its impact on the lives, dignity and safety of both trans and non-trans people in the UK. It will
have a major financial and logistical impact on UK businesses. It also creates risks in terms of the UK’s
human rights and wider legal obligations.
Currently, the Code will be laid in Parliament under the ‘negative procedure’ for statutory instruments,
meaning that, under normal processes, it would become statutory guidance with no oversight from Parliament.
Given the potentially momentous changes, legal risks and impact on communities this new Code is likely to usher in,
we ask you to instead allow for full scrutiny, meaningful debate and a free vote on this new Code, allowing MPs
to properly uphold their democratic and Parliamentary duties.
Yours sincerely
[MP Name]"} } } } }<|vq_2816|> # } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } }