We are publishing short briefings on topical issues that staff may find useful. The first four are now online and they cover Social Media, Work Experience, Renters’ Rights and the updated EHRC Code of Practice.
You can find them at https://w4mp.org/welcome-to-w4mp/fieldnotes/
Looking at the EHRC Code of Practice for services, public functions and associations: What it is and How it Affects your Constituents
On August 5th the Equality and Human Rights Commission (EHRC) published new guidance about the implementation of the Equality Act 2010. The Code of Practice for services, public functions and associations, 2026 follows a court ruling that defines a person’s sex as their ‘biological sex’ – which means the sex a person was given at birth. This means that a trans-man would be protected under the equality act as a female, regardless of how he identifies, is physically perceived, or if he had a Gender Recognition Certificate; under the Equality Act, he is a female. Equally, a trans-woman would be considered a man under this interpretation of the Act.
This has left many trans, intersex and gender non-conforming people feeling deeply worried and uncertain, especially in regards to what facilities they are able to use or services they may access. This briefing aims to accurately identify the ways in which the new guidance affects trans people, and offer a way that MPs may respond to this guidance, whilst respecting trans people fully.
The Equality Act 2010 sets out nine characteristics, which are protected against discrimination, harassment and victimisation. Discrimination against people with these characteristics is unlawful under the act, this includes in:
The three protected characteristics relevant to this briefing are ‘sex’, ‘gender reassignment’ and ‘disability’. As highlighted above, ‘sex’ within the Act, is now taken only to refer to a person’s assigned sex at birth. ‘Gender reassignment’ includes people at any stage of their gender reassignment – this means that a person is protected regardless of whether they have obtained a Gender Recognition Certificate, or have had gender reassignment surgery. A person need only have started a process of transition to be protected under the Act.
It is important to note that EHRC guidance does not have direct, strict “force of law” in the sense that failure to follow it is an automatic crime or but it as current statutory guidance approved by Parliament and so courts and employment tribunals will take relevant provisions into account when determining whether the Equality Act was breached if a case is brought. It is also important to note that rights under the Equality Act need to be balanced with other rights by the courts.
Where some organisations are happy about the perceived protections of single-space spaces under the new guidance, many trans, intersex and gender non-conforming people have been left worried and scared about how it may affect their lives. These worries are likely to be shared with you as their MP.
Additionally, businesses and services may also be confused about how this guidance affects them – balancing the rights of people protected under the code is likely to become increasingly complex. For example, a trans-man wishing to use the male bathroom, may not feel comfortable using the female bathroom if he has visually transitioned. However, he would potentially break the code by using the male bathroom – as he may be perceived as harassing the men in a single sex space. However, women within the female bathroom may be confused and angry as to why a perceived male has entered their space.
Under the guidance, the trans-man would be protected under the act as ‘female’ to use the female bathroom – but may be scared of the harassment he may receive from women as a perceived male (which could be considered harassment based on gender reassignment under the act). He may instead decide to use the disabled bathroom (as these are usually gender neutral) however, this may infringe on the rights of disabled people, who are also protected under the Act.
How then does a business respond to this scenario without infringing on the rights of the trans-man, the men and women in the two bathrooms or disabled people? This is currently unclear in the guidance, but these may be questions that your constituents ask you for clarity on.
It is hard working within the guidance to ensure the rights of all people protected under the Act without excluding trans people from public life completely. This is why many trans people find this guidance so damaging – as they are, in many ways, being perceived as a problem. Excluding a minority group is something that the Equalities Act is designed to protect against.
If you have a trans constituent contact you, who is worried about their status under the law, here are some aspects of the guidance which are important for trans, intersex and gender non-conforming people to understand:
Understanding these means that MPs can provide information to trans people, intersex people and gender non-confirming people to ensure they feel safe to continue accessing public spaces.
Pushing for clarity on the act and understanding what it currently means for your constituents is vital to supporting everybody’s rights. Everyone should have the right to live freely, without fear of discrimination; this is one of the reasons the Equalities Act exists. By providing accurate information for businesses, groups and individuals, you as an MP can help ensure this.
The EHRC Guidance: https://www.equalityhumanrights.com/guidance
Disability Rights UK’s Statement on the Guidance: https://www.disabilityrightsuk.org/news/disability-rights-uk%E2%80%99s-statement-new-ehrc-guidance
Gendered Intelligence’s response to the Code of Practice: https://genderedintelligence.co.uk/news/33-updated-ehrc-code-of-practice-gis-response
TransActual offers support to trans people and information on a wide range of issues: https://transactual.org.uk/
This note looks at The Renters’ Rights Act 2025 and what it means for you and your constituents
The Renters’ Rights Act 2025 aims to offer greater security and stability to renters in England, whilst also offering benefits to responsible landlords. It aims to overhaul the private rental system through three distinct phases, the first of which came into law on the 1st May 2026. This briefing will give you a succinct guide to the changes that have happened since May and the ones which will be coming into law in late 2026 and further into the future.
Phase one from May 1st 2026
Phase one applies only to the private rental sector, and will not come into force for the social rental sector until phase two. Phase one:
Landlords with existing tenants before the 1st May 2026 must have given their tenants ‘The Renter’s Right’s Information Sheet’ before the 31st May otherwise they can be fined £7000. Rental agreements written after 1st May must include certain information related to the Act, this information can be found here. If a landlord is non-compliant, renters will be able to report them to their local council.
Phase Two from late 2026
There will be a regional rollout of the database for landlords and local councils. All private landlords will be required to pay an annual fee to register on the database. Registry on the database will be mandatory for all landlords and will require them to share information about themselves and their property(ies).
A landlord’s Ombudsman will also be established- providing tools for renters and landlords when things go wrong. It will be required that all landlords become members of this service. The aim is for the Ombudsman to be up and running in 2028.
Phase 3 between 2035 and 2037
This stage will introduce a ‘Decent Homes Standard’ for all privately rented housing. The government is currently considering consultation responses about this and will announce details of these standards and a timeline as soon as possible. As part of this phase, a review of the Housing Health and Safety Rating System (HHSRS) will also occur.
Why does this matter?
With almost five million private renters in England and an estimated two million private landlords, the Renters’ Rights Act is likely to affect a significant number of your constituents. As such, it is important that all MPs in England understand this Act in order to support both renters and landlords effectively. With the second phase set to happen later this year, understanding the changes made by this Act is vital.
Renters may need support in ensuring their tenancy reflects the regulations set forward in phase one. They may also require information to help them advocate for themselves should their landlord have failed to adhere to these regulations.
Additionally, landlords may require support to ensure they are adhering to the law, as well as information about evicting problematic tenants – as these rules have changed significantly.
General information about the Act, as well as specific advice for tenants and for landlords can be found below:
Commons Library Briefing: https://commonslibrary.parliament.uk/research-briefings/cbp-10669/ (May 2026)
Advice for Tenants
Private Renting Has Changed – https://housinghub.campaign.gov.uk/private-renting-is-changing/
Citizens Advice Information about Housing – https://www.citizensadvice.org.uk/housing/
Advice for Landlords
Renting is Changing for Landlords – https://housinghub.campaign.gov.uk/renting-is-changing/
Abi Cooper / August 2026