In April 2025, the Supreme Court issued its judgement on the definition of sex under the Equality Act 2010. Following their decision, we published a supportive statement reaffirming our commitment to supporting trans and non-binary members, as well as the wider community of medical professionals and patients. We also wrote to the EHRC and to NHSE to raise our concerns and to call on them to mitigate potential harms arising from the ruling.
The EHRC (Equality and Human Rights Commission) has now published a revised draft Code of Practice for Services, Public Functions and Associations to reflect the judgement, which is currently under review by the UK Government. Whilst this draft expands or clarifies protections concerning breastfeeding, menopause, pregnancy and same-sex marriage, the BMA has concerns about the impact it will have on its members and on patients.
The Supreme Court judgement has had widespread negative implications for trans and gender diverse people, resulting in limitations on their access to single-sex spaces that align with their gender. The new Code of Practice has codified this exclusion by recommending that service providers offer a ‘third space’ to trans people instead, placing huge pressure on service providers to police individuals’ identities and which facilities they should use.
We are deeply concerned about the potentially devastating repercussions of this proposal on trans patients’ access to healthcare, the ability of trans healthcare staff to conduct their everyday duties, and the NHS’s ability to protect the rights and dignity of their trans patients and staff.
The judgement and Code of Practice do not reflect the reality of NHS services, many of which are already ill-equipped to provide safe and dignified care for trans patients. BMA policy supports fair and equitable access for all trans healthcare staff and patients to accommodation, services, and care according to their gender whilst ensuring their safety and privacy.
It is essential that NHS England and the devolved UK health bodies publish specific guidance for healthcare providers without delay to enable them to provide inclusive services and care. That guidance must explicitly set out how health and care services should apply the updated Code of Practice to maintain inclusion, safety and dignity of trans and gender diverse patients.
It is also important to note that while this guidance will not apply to workplaces, it will have a knock-on effect. We continue to call on healthcare providers to ensure that all healthcare workers have access to facilities they feel comfortable using, and that trans and gender diverse staff members have access to facilities in accordance with their gender identity. This is essential for fostering an inclusive and respectful environment for everyone.
Resources for doctors and medical students in the UK
We aim to listen and engage with members who raise concerns with us. If you face discrimination or harassment at work, the BMA can provide support in the workplace – you can contact us or email directly at [email protected]
The BMA has a free 24-hour wellbeing service, available to all doctors and medical students and their dependants in the UK. You do not have to be a member of the BMA to access this service.