Gender-critical views In April 2021, the EHRC intervened in the legal appeal in the case of
Forstater v Center for Global Development Europe, arguing that her
gender-critical beliefs, as beliefs, were protected under the
Equality Act 2010, and hence that the CGD's decision not to renew Forstater's contract over her views could amount to illegal discrimination. This led to criticism of the EHRC from trans and LGBTQ+ organisations such as
Mermaids and
Stonewall. Following this, the EHRC revealed that it had left Stonewall's
Diversity Champions scheme in March 2021. In October 2021, a group of academics published a letter in
The Times calling on the EHRC to conduct a review of UK universities where, they said, policies were discriminating against those with gender-critical beliefs in the debate over transgender rights.
January 2022 statements on GRA reform and conversion therapy On 26 January 2022 the EHRC wrote to
Shona Robison, as
Cabinet Secretary for Social Justice, Housing and Local Government for the
Scottish Government, raising concerns about the proposed reforms to the
Gender Recognition Act 2004 in Scotland, mentioning "the collection and use of data", "participation and drug testing in competitive sport" and "practices within the criminal justice system", key subjects of controversy for
gender critical feminists. The EHRC also made a submission to the UK government's
public consultation regarding LGBTQ+
conversion therapy on the same day, proposing that "consensual" efforts to change sexual orientation or gender identity should be excluded from any ban, stating that the terms "conversion therapy" and "transgender" were ill-defined, and making several arguments that have been described as associated with a "pro-conversion-therapy lobby". The EHRC's letters were criticised by LGBTQ+ groups across the United Kingdom, including
Stonewall, who said the statements "undermine EHRC's core purpose of regulating, promoting and upholding human rights" as well as calling for the
Office of the United Nations High Commissioner for Human Rights and the
Global Alliance of National Human Rights Institutions to urgently review the EHRC;
Liberty, who endorsed the call for the EHRC's status as a national human rights institution to be reviewed, as did
UK Black Pride and the
LGBT Foundation, who also announced that they would sever ties with the EHRC;
Amnesty International UK, who described the statements as "actively damaging to the rights of trans and non-binary people in the UK" and "deeply troubling"; domestic-abuse and hate-crime support organisation
Galop, who said that the statement "makes it clear that [the EHRC has] not understood the reality of conversion therapy in the UK"; and
LGBT+ Labour, who also expressed concern at the "deeply harmful amendments" submitted by members of the Parliamentary Labour Party in their role as UK delegates to the Council of Europe's Parliamentary Assembly. Other organisations criticising the EHRC's statements included
Equality Network, UK
umbrella organisation Consortium, the
British LGBT Awards, LGBTQ+ youth charity
akt, the
Rainbow Project,
Rainbow Greens, Trans in the City, the Feminist Gender Equality Network, Gendered Intelligence,
Mermaids, Stonewall Housing,
Pride Cymru, and
Manchester Pride.
Further allegations of transphobia In February 2022, three whistleblowers – still working at the EHRC – told
Vice about an "anti-LGBT" culture being adopted by senior leaders at the organisation which they said was causing non-executive staff to quit. Additionally, six senior staff members – who had either recently left the EHRC or were currently working their notice period – described board members changing their work to make documents "transphobic and seriously inaccurate". When some employees complained, they were locked out of laptops and disciplinary action was taken against them.
Scottish National Party MP
John Nicolson, Depute Chair of the All-Party Parliamentary Group on Global LGBT+ Rights in the UK Parliament, said: "Sadly the EHRC appears now to be working against, not for, LGBT rights. Our community no longer see it as our friend but as our opponent. It's yet another organisation tainted by
Boris Johnson and his appointees." In response, an EHRC spokesperson said: "We acknowledge that some EHRC staff have been unhappy, which we regret, and we are working hard to explain decisions and why they are in line with our statutory responsibilities. Sex and gender reassignment are legally protected characteristics under the
Equality Act 2010, as are seven other characteristics. The
Human Rights Act 1998 protects all rights in a balanced and proportionate way. These are the laws that the EHRC upholds impartially and we totally refute your insinuations of bias in the areas you mention." On 11 February 2022, a legal challenge was launched against the EHRC by Stonewall, with the backing of the
Good Law Project and more than 20 other LGBT rights organisations. Stonewall drew up a submission to the
Global Alliance of National Human Rights Institutions (GANHRI), calling for the EHRC to lose its "A rating" because of its treatment of trans people. This challenge was launched after the EHRC was criticised for asking the Scottish Government to pause its plans to make it easier for people to change their legal gender. The submission accused the organisation of being "excessively" influenced by the UK government in the appointments of the chair and board members. In April 2022, it was reported that the GANHRI declined the request. It will conduct a routine review in October 2022. Responding to the announcement, EHRC chief executive Marcial Boo said: "We are pleased that the Sub-Committee on Accreditation assessed evidence of our independence and effectiveness and upheld our position, declining a special review of our work." A spokesperson for Stonewall said that it and the other organisations involved in the challenge "are now focusing on this opportunity to collect and present evidence" to the upcoming review. Following the review in October 2022, conducted by the GANHRI, the EHRC retained its "A-status." Baroness Falkner, Chairwoman of EHRC said: "We are delighted that our vital work as a defender of human rights in this country has been recognised internationally again. I am proud of the powerful example we continue to set as a National Human Rights Institution on the global stage. This is a clear recognition of our status as an independent organisation with a proven track record promoting and upholding human rights."
Definition of sex in the Equality Act In 2023,
Kemi Badenoch, the
Minister for Women and Equalities, asked the EHRC for their advice on whether to amend the
Equality Act 2010 to "clarify" that "sex", a protected characteristic, refers to "biological sex". Badenoch acted on the instruction of
Prime Minister Rishi Sunak, who had said in his leadership campaign that "biology is critically important as we think about some of the very practical functions, like toilets or sports". In its response, published in April 2023, the EHRC said although there "is no straightforward balance" its view is that the amendment would "bring greater legal clarity" in a number of areas. For instance, it would enable trans people to be excluded from single-sex spaces even when they possess a
gender recognition certificate (GRC). In May 2023, UN independent expert
Victor Madrigal-Borloz wrote that he was alarmed by the EHRC's letter to Badenoch in his end of mission statement. He said that the EHRC's objective "was to offer the government a formula through which it could carry out discriminatory distinctions currently unlawful under UK law", and that this action was "wholly unbecoming" of the institution. In the same month, 30 LGBTQ+ and human rights organisations wrote a letter to GANHRI, expressing concerns that the EHRC had failed to comply with the recommendations made by the body in its routine review in October 2022. In November 2023, GANHRI announced a special review into the EHRC, a process which could lead to the removal of its "A status". Shortly following the judgment in
For Women Scotland Ltd v The Scottish Ministers, on 25 April 2025, the EHRC issued an interim update in which they said that according to the judgment, trans women are "biological men" and trans men are "biological women", and that they must be excluded from sex-segregated spaces accordingly. The guidance applied to any school, workplace, sporting body, publicly accessible service (such as restaurants, shops, hospitals, or shelters), and any association of 25 people or more. The guidance stated that while trans women and trans men must be barred from the women's and men's facilities respectively, they could also be barred from the men's and women's as well, so long as there is at least one facility available for them to use. However, the guidance also stated that if only mixed-sex facilities were available, this could constitute discrimination against women, and that the presence of segregated spaces was compulsory in the workplace. The guidance also stated that women-only and lesbian-only groups must bar trans women from entry. EHRC commissioner
Akua Reindorf spoke after the judgment in a personal capacity and stated that trans people "have been lied to over many years" regarding their level of rights, and that they must accept a perceived reduction in rights for the sake of "correction" because "other people have rights". ==Criticism==