Durham University to review policies regarding single-sex spaces

By Ivan Deverick

Durham University is reviewing its policies regarding single-sex spaces after updated EHRC guidelines

Drafted changes to the Code of Practice for services, public functions, and associations were published on 21 May 2026. The Code clarifies how organisations can remain compliant with the Equality Act, a legislative defence against discrimination in the workplace from 2010.

A change in how the Equality Act is interpreted resulted after a Supreme Court judgement last year declared that references to “sex”, “man”, and “woman” in the Equality Act refer to biological sex.  

Consequently, the Supreme Court decided that parts of the Equality Act relating to sex discrimination referred to biological sex.

The court argued that transgender people would still be protected by parts of the Act that labelled gender reassignment a protected characteristic, and would be protected from discrimination over being associated with a sex which differs from their biological sex.

However, this change potentially allows providers of single-sex services to lawfully exclude transgender people from spaces including single-sex bathrooms, changing rooms, and activities including single-sex sports and clubs.

In a public statement published on their website, Durham University said in relation to the revised Code: “we will consider it very carefully in respect of practical implications for the University, engaging with our community as we do so.”

Furthermore, it added: “we continue to emphasise that all students and staff at Durham University, which includes our Trans, intersex, queer and non-binary community, must be treated with dignity and respect.”

Speaking to Palatinate, a Durham University spokesperson also said:

“The draft Equality and Human Rights Commission (EHRC) Code of Practice for services, public functions and associations was published on the EHRC website on 21 May 2026. Further information, including a short video address from Mary Ann Stevenson, Chair of the EHRC, can be found here Homepage | EHRC

“The draft Code incorporates recent Government feedback, considered alongside consultation responses and further legal analysis. It has been laid before Parliament.

“The draft Code of Practice is a substantial document. We have considered it very carefully. We are engaging with our community in respect of practical implications for the University. We will keep students and staff updated.

“We continue to emphasise that all students and staff at Durham University, which includes our Trans, intersex, queer and non-binary community, must be treated with dignity and respect. We will engage with affected members of the staff and student community on how best to do this within this legal framework.

“All students and staff who need support or who wish to discuss any concerns have access to a range of services, including specialist support. They can also get in touch with our EDI team.”

Durham SU Community Officer, Fran Brandon-Higgs, told Palatinate: “the guidance has not added any new significant challenges to what we had already anticipated from the ruling.”

Durham SU Community Officer, Fran Brandon-Higgs, said to Palatinate: “the guidance has not added any new significant challenges to what we had already anticipated from the ruling”

“At Durham SU, we have met with the relevant Association presidents to discuss next steps. We will continue to speak to students over the coming months to help us with our work in this space, and will be keeping students informed of their rights and any incoming changes.”

On the University’s public notice, Brandon-Higgs said: “we are happy to see that students will be consulted on this work.”

Alyssa Livingstone, President of Durham SU’s Trans Association, was one of the students who Durham SU met with for consultation.

In an interview with Palatinate, Livingstone believed the most stringent interpretation of the revised Code would mean transgender men “would no longer be able to use the male toilets”, and vice versa. 

“The question Durham will have to answer is what [they] do in response [to the new ruling]”. If this most stringent interpretation of the ruling were implemented, Alyssa believes many of the University’s toilets could need changes to their location, or who could use them.

Livingstone expressed concern about Durhams’s historic estate and the adaptability of these buildings “when you’re trying to move bathrooms about and make them more accessible”. 

Image: Amana Moore / Palatinate