The UK Supreme Court has recently ruled that, under the Equality Act 2010, references to “man”, “woman” and “sex” were references to biological sex (meaning “the sex of a person at birth”). This means, the Court determined that these definitions exclude transgender women. We understand this will impact many members of our community.
In light of this, we express our solidarity with trans and non-binary students, colleagues, and allies. We recognise the distress and uncertainty that members of our community may be feeling right now.
The legal provisions related to those who hold the protected characteristic of gender reassignment have not changed, and harassment, discrimination or victimisation on the basis of that, or any other protected characteristic, remain unlawful.
We remain steadfast in our commitment to upholding and advancing the inclusion of all, including trans, non-binary and gender non-conforming members of our community. At Students’ Union UCL, we fully support the right to self-identify and we will continue to celebrate and uplift our gender-diverse student community through our events, campaigns, and student networks.
The welfare and safety of our members remains a top priority. We will continue to challenge unacceptable behaviour and end gender-based discrimination. If you ever feel unsafe, or something doesn’t feel right - at one of our venues, within any of our societies, or sports clubs, please reach out to us. We are here to support you.
Our response to the EHRC Consultation
The Equality and Human Rights Commission (EHRC), the equality regulator undertook a consultation on updates to its services Code of Practice based on the ruling that closed on the 24th June.
This code of conduct sets out practical considerations on how to implement the Equality Act 2010, a comprehensive UK-wide law that details protections against discrimination based on nine "protected characteristics" across various areas of life, aiming to promote equality and dignity.
The Code does not impose legal obligations, but courts and tribunals must take this Code of Practice into account in cases involving discrimination in membership organisations, public authorities and those providing services.
Students’ Union UCL submitted an organisational response to the EHRC consultation to ensure that the voices of our trans, non-binary and gender non-conforming students are represented and heard. Our response raised significant concerns about the clarity, legality, and impact of the proposed updates to the Code of Practice, particularly in relation to:
- The collection of ‘birth sex’ data: We expressed concern over the lack of guidance on how and when this data should be requested, who should be involved, and how such requests could risk discrimination, harassment, or breaches of privacy and dignity, especially for students seeking support.
- Participation in single-sex services and sport: We highlighted that the new guidance lacks practical direction on how trans-inclusive services can be lawfully operated. We noted that the guidance could unintentionally increase the risk of exclusion, policing of gender identity, and legal uncertainty for students' unions running sports or identity-based spaces.
- Membership of student societies and associations: We raised concerns that the guidance could limit the ability of student groups to remain inclusive of trans members and fails to provide advice for associations that wish to do so lawfully, potentially undermining efforts to create safe, welcoming spaces on campus.
Across our response, we called for:
- Greater clarity from EHRC on the legal interpretation of these updates.
- Safeguards against discriminatory enforcement of the code.
- A human rights-based approach to ensure dignity, equality, and inclusion for trans people.
We welcome continued engagement with UCL students on this topic and will continue to advocate for guidance that protects and upholds the rights of our whole community.
If you’d like to read more about our response, please contact Greg Dash, Policy & Research Manager.
Support for UCL students
We understand that during times of uncertainty, knowing where to find support, when you need it, is essential. We want to remind students that there are services available for anyone concerned following the Supreme Court Ruling.
- UCL’s Student Support and Wellbeing Services team works in partnership with independent advice and counselling services to provide additional support which students can access at any time, including immediate help via telephone on the 24/7 Student Support Line.
- Staff can also access immediate support via phone (0808 196 5808), online or WhatsApp via our Employee Assistance.
- Any bullying and harassment of members of our community is taken extremely seriously and we would urge staff and students to report any and all incidents through Report+Support so they can be properly investigated and appropriate action taken.
- Switchboard is a national LGBTQIA+ helpline that offers service by phone, email or chat function.
- Mermaids is national charity in the UK. It supports transgender children and young people, and the important people in their lives. Access support both through telephone and online chat.
- Student Minds provides guidance on navigating life and University as a trans student.
- Galop, UK charity that works with and for LGBTQ+ victims and survivors of interpersonal abuse and violence.
- Mind OUT is a UK charity that provides counselling services for LGBTQ+ people across the country.