Trade unions voice criticisms and vow resistance to transphobic EHRC code

Several major trade unions have reportedly pledged that they’ll resist the EHRC’s transphobic code of practice, which came into force on 5 August. While the new guidance is desperately unclear, many organisations have quickly adopted trans-hostile policies, even where there is no legal requirement to do so.

The news, first published in the Times, follows the announcement that four of the eleven Labour-affiliated unions will boycott the upcoming Labour Women’s Conference in September 2026. Unison, Aslef, Usdaw, and the Musicians’ Union cited the party’s decision to ban trans women from attending the event.

The EHRC code encourages service providers to require that anybody they perceive as trans should use ‘single-sex’ spaces aligned with their sex assigned at birth, or a mixed-sex space. Not all workplaces count as service providers, but this hasn’t prevented some from abandoning trans-inclusive policies regardless.

Unison: ‘We are taking the fight to every workplace’

As such, Unison general secretary Andrea Egan said in a video posted to Twitter/X that, on the EHRC code:

Over 600 members have written to us and provided examples of how the updated EHRC guidance is unworkable. We’ve also heard many employers have withdrawn their trans equality policies in response to this guidance and that is unacceptable.

I’ll be working with our network and equality team to ensure that we are taking the fight to every workplace to make them trans inclusive.

Unison represents some 1.3 million members. It also happens to be Labour’s second-largest union donor, to the tune of almost £26m to the party since 2010.

A spokesperson for Unison also stated that:

The union has an agreed policy recognising that trans women are women, trans men are men and non-binary identities are valid.

As a responsible organisation, Unison is complying with the judgment of the Supreme Court and the recent ruling of the certification officer.

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The impact on trans, non-binary and gender diverse members is devastating. The union will be campaigning for a change in the law to reflect its policy.

NUS: EHRC code is ‘ideologically motivated’

In a similar move, the National Union of Students (NUS) has criticised the apparent bias behind the EHRC code. Avery Greatorex, NUS vice-president for liberation and equality, said:

We are wholeheartedly against this new guidance, and believe that it is not the result of unbiased legal advice, as it should be, but is ideologically motivated by the so-called ‘gender-critical movement’.

We thus encourage activists to resist trans-exclusionary policies.

Critics, including genocide watchdog the Lemkin Institute and even EHRC insiders, have made similar claims regarding the commission’s anti-trans ideology. Likewise, the guidance is already facing a legal challenge from two anonymous claimants, alleging that it fundamentally misunderstands the law.

As such, the NUS has issued a booklet containing advice for members on how to remain trans-inclusive in the wake of the guidance. It includes a letter template for students to send to their vice chancellors, which urges them:

to co-design all policies regarding the new Code of Practice with trans staff and students. Together, I am sure you can create policies that both follow the law and mitigate its trans-exclusionary consequences. I look forward to hearing how you plan to do this.

BMA: Code ‘will not work’ with NHS reality

Meanwhile, the British Medical Association (BMA) council has hit out at the sheer impracticality of implementing the EHRC’s guidance. Whilst that would be valid in itself, it’s particularly true given that the NHS is already dangerously overstretched. Deputy chairman Emma Runswick told the Times that:

Doctors want to be able to provide care to patients of all gender identities … Our concern is that the new code will not work with the reality of NHS services, many of which are already ill-equipped to provide safe and dignified care for trans patients.

Earlier this year, the BMA also criticised the government’s actions towards trans patients with regard to the Cass Review. The BMA’s own review of that report found that it established no evidential basis for the ensuing puberty blocker ban. As such, the government over-reached in reaction to the (already distinctly transphobic) report.

Other unions which have already criticised the EHRC code include the University and College Union, Unite, GMB, Equity and the Public and Commercial Services union.

The ideologically-captured government and its anti-equality equalities watchdog clearly believe that they have free reign to ride roughshod over trans people and their allies. Fortunately, the UK’s trade movement is here to show them that they’re willing to fight for principles of inclusion and fairness for all.

Featured image via the Canary

By Grace

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