Following action by Emma Cocker, instructed on behalf of Michelle Dewberry, Virgin Active has confirmed it will now restrict access to women’s changing rooms to biological females only. This is a reversal of its previous changing room policy which allowed access based on a member’s self-determined ‘gender identity’.
Emma was instructed after Ms Dewberry encountered a man dressed in women’s clothing in the female changing room at her local Virgin Active gym. Feeling vulnerable and uncomfortable, she sought to clarify the changing room policy with Virgin Active staff who confirmed that the changing rooms operated based on ‘self-ID’ and that transgender members could use whichever changing room aligned with their ‘gender identity’. Follow-up correspondence yielded a similar response. Virgin Active later issued a statement:
“In accordance with UK law and industry guidance, we respect the choice of our members to use the changing room facilities based on the gender they identify with. We support and respect all our members and their safety and privacy remains our highest priority. We continue to ensure our policies remain legal, fair and inclusive.”
With support from Sex Matters, Emma sent Virgin Active a Letter Before Claim on the basis that its policy of allowing biological males to access a space labelled ‘female’ contravened the Equality Act 2010. This is because it indirectly discriminated against Ms Dewberry on the basis of her sex and her beliefs and subjected her to harassment related to her sex.
Following receipt of the Letter Before Claim, Virgin Active responded to confirm it would:
- revise its policies and procedures so that only biological females could access female spaces;
- update its signage to reflect the above;
- clarify in its membership rules that ‘sex’ means biological sex, and;
- provide training to staff to support them (and members) with policy compliance.
Read Sex Matters’ press release here.
What does the law say about single-sex spaces?
The Equality Act 2010 (“Act”) requires each sex to be treated no less favourably than the other. However, the Act does allow service providers to operate single-sex and separate-sex services, such as toilets and changing rooms, when they have a good reason to do so and the limited provision is a proportionate means of achieving a legitimate aim. In other words, the Act makes what would otherwise be sex discrimination (i.e. in the case of women-only spaces, discrimination against men) lawful. It is now well established that women’s safety, privacy and dignity is a legitimate aim and restricting access to biological females will often be a proportionate mean.
While some argue that trans women are women, in the recent case of For Women Scotland Ltd v Scottish Ministers [2025][1] the Supreme Court confirmed that the words ‘man’, ‘woman’ and ‘sex’ in the Act have their biological meaning.
The Court also confirmed that even where an individual has a Gender Recognition Certificate in the ‘acquired’ female sex, they remain a man for the purposes of the Act. The Court noted that, “…many women in a female-only changing room or on a women-only hospital ward or in a rape counselling group might reasonably object to the presence of biological males” and commented that, “it is difficult to see how the reasonableness of such an objection could be founded on possession or lack of a certificate”. As such, it makes no difference whether a person holds a Gender Recognition Certificate and present as the opposite sex; it is now clear that a service provider can only lawfully provide single-sex services and facilities if they do so on the basis of sex (i.e. biological sex, that being the only relevant meaning under the Act).
Why are single-sex spaces important and what should service providers do?
The topic of single-sex spaces has sparked a highly emotive debate. As such, it may be tempting for providers of goods and services to allow people to use whichever space aligns with their chosen identity in an attempt to avoid being labelled transphobic. However (and as recognised by the Courts) for women, access to single-sex spaces is crucial for reasons of safety, privacy and dignity and without such, many women will simply self-exclude from venues and activities.
Businesses and service providers ought to be aware that providing facilities which present as single-sex but operate on the basis of self-ID is unlawful and leaves them open to legal action which is likely to be costly and will cause reputational damage. Further, opting to provide solely mixed-sex facilities may amount to indirect sex discrimination against women who are more vulnerable than men, and are more likely to have their privacy and dignity violated in a mixed-sex space.
As such, it is prudent for all goods and services providers to maintain female, male and mixed-sex facilities where possible. Where that is not possible, providers should not opt for all mixed-sex spaces because they expose themselves to indirect sex discrimination and/or harassment claims under the Act.
If you require advice on how best to manage the issue of single-sex spaces and to protect your business against discrimination claims, contact Emma Cocker.
[1] 2 W.L.R. 879