Transgender people can be legally excluded from single-sex spaces in certain scenarios if there is ‘a sufficiently good reason’, the equalities watchdog has said.

New guidance has been published to help organisations, including hospitals, retailers, hospitality and sports clubs, to ‘balance the needs of different groups’.

The document includes hypothetical examples of instances where access could be prevented, limited or modified to prevent trauma, enable privacy or ensure health and safety.

But the Equality and Human Rights Commission (EHRC) has been criticised by LGBTQ+ organisation Stonewall which warns the advice will likely lead to more confusion and a greater risk of illegal discrimination.

Issuing the first guidance of its kind, the watchdog said organisations need to show any action taken is a proportionate means of achieving a legitimate aim.

Trans women could be excluded from emergency accommodation at domestic abuse refuges if feedback from female survivors ‘indicates they would feel uncomfortable sharing accommodation for reasons of trauma and safety’, the guidance says.

It went on to say the refuge could compile a list of alternative sources of support for trans women in the local area.

Another hypothetical example of the Equality Act being interpreted is the organisers of a group counselling session for female victims of sexual assault banning trans women ‘if they feel those attending are likely to be traumatised by the presence of a person who is biologically male’.

Meanwhile, a gym could introduce self-contained, gender-neutral changing facilities if there are concerns about the safety of trans men in communal changing rooms.

Or a leisure centre could choose to exclude trans women from female-only fitness classes ‘because of the degree of physical contact involved’.

Every person should be treated with dignity and respect and there is ‘no place for discrimination against anyone based on their sex or gender reassignment’, the guidance states.

It would likely be unlawful if a trans man is denied access to breast screening and told this service is provided for females only.

Providers have been told to consider ‘less restrictive options where possible’, and record reasons and evidence for their decisions.

For example, clothes shops could welcome all women to changing rooms as  privacy and decency can be assured with separate cubicles.

It is not necessary for providers to have individual policies, although some may wish to do so.

It is most likely to ‘be proportionate to exclude, modify or limit trans people’s access when a provider has limited resources and physical space to make changes, or when dealing with groups with particular needs, such as female victims of male assault’.

A Stonewall spokesman has blasted the guidance, saying it appears to contravene the core presumption of the Equality Act – inclusion – and shifts the focus onto reasons for excluding trans people.

‘The examples appear to encourage blanket bans, rather than by a case-by-case decision making, and cover restricting access to day to day settings like bathrooms and gym classes, which is extraordinary’, he said.

‘This leaves more, not less confusion, and more, not less, risk of illegal discrimination.’

The advice comes after the Commons Women and Equalities Committee and service providers asked for clarity.

Stonewall and other groups recently urged the United Nations to review the EHRC’s international accreditation due to its stance on trans rights – but this was refused by the Global Alliance of National Human Rights Institutions.

But Baroness Kishwer Falkner, EHRC chairwoman, insisted the body’s mission was to ‘protect the rights of everyone and ensure that people across Britain are treated fairly’.

‘Where rights between groups compete, our duty as an independent regulator is to help providers of services and others to balance the needs of different users in line with the law’, she said.

‘Organisations are legally allowed to restrict services to a single sex in some circumstances. But they need help to navigate this sensitive area. That is why we have published this guidance – to clarify the law and uphold everyone’s rights.’

Maya Forstater, executive director of the campaign group Sex Matters, called the guidance a ‘big step forward’.

She said: ‘It recognises that everyone’s rights need to be balanced, and often the way to do this is with a policy based on biological sex, expressed clearly and simply.

‘The new guidance provides examples of how trans people can be included without undermining other people’s dignity and privacy (for example with ‘gender-neutral’ options), and says that everyone should be treated with respect.’

It comes after the government said its ban on conversion therapy would go ahead – but would not include trans people.

Ministers have been accused of ‘allying with transphobes’, with over 80 LGBT and HIV organisations in the UK pulling out of the government’s international LGBT conference this summer.

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