TransLucent Launches Legal Challenge Against EHRC Code of Practice

TransLucent Launches Legal Challenge Against EHRC Code of Practice

TransLucent, a trans-led community organisation, has served a Pre-Action Protocol letter on the Equality and Human Rights Commission (EHRC) and the Secretary of State for Equality, signalling its intention to seek a judicial review of the EHRC’s Draft Code of Practice for Services, Public Functions and Associations.

 The Challenge

On 3rd July 2026, our solicitors, Russell Cooke, sent a Pre-Action Protocol letter to the EHRC and the Secretary of State, setting out the grounds on which we believe the Code was unlawfully formulated. We believe the Code contains clear errors of law. Specifically, it wrongly states that including trans people in single-sex services is ‘very likely’ to be unlawful direct discrimination, and separately wrongly suggests that offering mixed-sex facilities could itself be direct discrimination against women. We say both statements misstate the law as it currently stands.  The relevant paragraphs of the Code include 13.131 and 13.133.

The Code was laid before Parliament on 21st May 2026 and could become formal statutory guidance once the Secretary of State makes an Order — a step that could occur any day from 9th July onwards.

Opposition in Parliament has been substantial: at least 160 MPs have signed Early Day Motion 240 calling for the Code’s rejection, making it one of the most-supported EDMs in history, though the government has not indicated it will allow time for a debate.

 Organisation and Leadership

TransLucent is co-led by Prof Emeritus Stephen Whittle OBE, a trans man who co-founded Press for Change in 1992 and spent 30 years as Professor of Equalities Law at Manchester Law School. Other notable trans people associated with the organisation are its founder and former CEO, Steph Richards and leading trans barrister Robin Moira White. The patron of TransLucent is Lord Michael Cashman CBE, a co-founder of Stonewall.

The organisation states it is uniquely positioned to bring this challenge as it is led by and represents the trans community directly, rather than acting as a third-party intervener, and has a track record of litigation including an intervention in Peggie v Fife Health Board and Upton case and are seeking to intervene in the Hampstead Heath Ponds case.

 Concerns Raised

TransLucent argues the Code, as drafted, creates significant risk and burden for multiple groups:

• Service providers face financial burdens complying with the Code, alongside exposure to costly legal claims if they fail to act appropriately
• Trans people risk exclusion from everyday services including shopping, cinemas, theatres and appropriate hospital care
• Disabled people may face knock-on effects from increased competition for accessible facilities such as toilets and changing rooms
• Cisgender women who do not present in stereotypically feminine ways are already reporting being challenged over facility use

 Standing

The PAP letter TransLucent highlights its unique position to bring its legal case stating:

7. TransLucent has a sufficient interest and expertise in the subject matter of the claim. It was incorporated as a community interest company on 24 October 2022, having operated since 2020 as an online platform advocating for and supporting the transgender and gender-diverse community. It was awarded LGBT Organisation of the Year at the National Diversity Awards In 2022, in recognition of its work.
8. TransLucent’s objects are set out at article 5 of its Articles, namely: “to carry on activities which benefit the community and, in particular, (without limitation) to members of the Transgender and Non-Binary community, including families, friends and employers of trans people”.
9. The issues raised by this claim fall squarely within TransLucent’s objects, activities and expertise. It exists to represent, advocate for and advance the interests of the transgender and gender- diverse community and those affected by the matters in issue. Its engagement with the matters under challenge is direct, substantial and ongoing. Most recently, on 12 June 2026, representatives of TransLucent met directly with the Equality and Human Rights Commission (“EHRC”) to raise concerns regarding the draft Code and its impact on those whom TransLucent represents. It has also published formal statements both in relation to that meeting and in response to the draft Code more generally.
10. TransLucent is actively engaged with parliamentarians, government departments and other stakeholders on policy and legal issues affecting the transgender and gender-diverse community, including the matters raised by this claim. It is a recognised stakeholder in this field. By way of example, it was invited to exhibit at the Labour Party National Conference,
    becoming the first transgender support organisation to do so for over 27 years. It has hosted and participated in events in Parliament and has met with Members of Parliament, the EHRC and other stakeholders concerning the draft Code and the issues to which it relates.
11. TransLucent’s standing is further demonstrated by its recognised role in litigation concerning similar issues. It was granted permission to intervene by the Employment Tribunal (Scotland), In Peggie v Fife Health Board and Upton, reflecting the Tribunal’s recognition that it could bring a distinct and valuable representative perspective to proceedings concerning the rights and interests of transgender people.
12. TransLucent’s work is supported by a team of expert volunteers, including highly experienced legal professionals and recognised subject-matter experts. Those involved with the organisation include Professor Stephen Whittle OBE and leading barrister Robin Moira White.
13. TransLucent possesses a demonstrable record of advocacy, engagement, expertise and representation in relation to the issues raised by this claim and accordingly has a clear and sufficient interest in the proceedings to bring it. It is an appropriate claimant through which the concerns of those affected may be properly advanced before the Court. 

Funding the Case

Judicial reviews frequently cost in excess of £100,000, and TransLucent is applying for a costs cap while its legal team operates at substantially discounted rates.

The organisation has (effective 6^th 06:01 July 6^th) launched a CrowdJustice campaign to raise an urgent £20,000 to cover pre-action and initial case costs, appealing to the trans community, allies, human rights defenders, LGBT+ organisations, trade unions and local authorities for support.

Further details and donation information are available via TransLucent’s CrowdJustice page.

LINK: https://www.crowdjustice.com/case/challenging-the-ehrc-code-of-p/ 

EMBARGOED UNTIL 06:30 6^TH of JULY 2026

For further information, please email: contact@translucent.org.uk