The Equality and Human Rights Commission's revised Code of Practice on single-sex spaces came into force at midnight on Wednesday across England, Scotland and Wales, and within hours the Good Law Project had sent a pre-action protocol letter to the UK government and the commission on behalf of a trans claimant and trans-inclusive organisations, opening a legal front against the guidance on its first day of operation. Elsewhere, Nigel Farage's Clacton by-election moved to eight days out with 34 candidates on the ballot and every other main party boycotting it, the Electoral Reform Society published the first monthly polling average covering Andy Burnham's arrival in Downing Street, and an employment tribunal was reported to have confirmed that Professor David Miller's anti-Zionism is a legally protected belief. This is UKFCP's Wednesday 24 hours in politics round-up.
Burnham's government is 16 days old, having taken office on 20 July as the UK's seventh administration in a decade, and Westminster is in its August lull. The code that took effect on Wednesday was laid before Parliament on 21 May and is the operational end-point of the Supreme Court's April 2025 ruling that "woman", "man" and "sex" in the Equality Act 2010 refer only to biological sex — the first major equalities change to bite under a prime minister who did not design it. The Clacton poll on 13 August is the only fixed electoral test in the diary.
Single-sex spaces code in force — and challenged the same day
The updated code applies to public-facing facilities ranging from toilets, changing rooms and hospital wards to domestic violence refuges, leisure centres and sports clubs. It is not law but statutory guidance, though it is expected to strongly influence how organisations and businesses operate.
Under the framework, any facility admitting trans-identifying members of the opposite sex cannot legally be described as single-sex, and a biological male may be excluded from a women-only area where that is a proportionate way to protect safety, privacy or dignity. More than 13,000 toilets, 5,000 changing rooms and 18,000 signs are affected across public spaces.
The charity CARE noted that while the guidance says single-sex spaces should be reserved for those of the same biological sex, it recognises that forcing a transgender person to use facilities of their biological sex could amount to discrimination.
Good Law Project's trans rights lead, Jess O'Thomson, called the code "transphobic" and said: "It's difficult to believe just how far backwards our government has gone on trans human rights."
Alexandra Parmar-Yee, director at Trans+ Solidarity Alliance, said: "Today the revised Code of Practice to the Equality Act comes into force, without scrutiny, debate or a vote." She added that the harms "will only increase with implementation" and that trans people "will be shut out of the services they need, made to feel unwelcome and unsafe in public spaces".
Maya Forstater, chief executive of Sex Matters, welcomed the change.
"The law is clear and the code is practical, giving many examples that apply to everyday services."
The European Conservative reported the rules as giving campaigners "long-awaited clarity after years of institutional confusion". PinkNews reported that the guidance has been criticised by trans rights advocates and MPs alike, and that in July the Scottish Greens urged the UK government to scrap the code, calling it "authoritarian and cruel"; the party's equalities spokesperson said: "It will cause real harm to trans people who have accessed these spaces and services for years without incident."
The pre-action letter names ministers as well as the commission. Equalities responsibilities were moved by Burnham from the Cabinet Office to the Ministry of Housing, Communities and Local Government, with equalities ministers transferring from the Department for Education.
Clacton, eight days out
The by-election on 13 August follows Farage's resignation as an MP. The House approved the moving of the writ on 9 July, and 34 candidates were confirmed in the Statement of Persons Nominated on 17 July — believed to be the most for any UK parliamentary election, passing the 26 who stood at the 2008 Haltemprice and Howden by-election.
Labour, the Conservatives, the Liberal Democrats, the Greens and Restore Britain are not contesting the seat, leaving the novelty candidate Count Binface as the main challenger.
Farage resigned after questions mounted about a £5m gift from crypto-billionaire and Reform donor Christopher Harborne and support from convicted fraudster George Cottrell before he entered Parliament. According to ITV News, an investigation by Parliamentary Standards Commissioner Daniel Greenberg into whether Farage's failure to declare the £5m gift on becoming an MP in 2024 breached Commons rules has been suspended because of his resignation. Farage denies wrongdoing and said he wanted voters in Clacton, rather than the press or parliamentary authorities, to decide whether he should continue as their MP.
He told TalkTV of the boycotting parties: "They have acted in concert with each other as the uniparty. They're trying to turn it into a joke."
Farage held the seat with a majority of 8,405 and a 46.2% vote share in 2024. PollCheck reported the first constituency poll, by Survation for Mandate Research and carried by The Times on 2 August, putting Farage on about 73% on a low turnout with Count Binface second on about 20%; on a general election scenario the same research put Farage on about 56%, the Conservatives on 10% and Labour on 8%. PollCheck cautioned that the pollster's full data tables and fieldwork dates were not published. An Ipsos poll conducted on 8–9 July found 33% of British adults would prefer Count Binface to win, against 21% for Farage.
Tim Bale, professor of politics at Queen Mary University of London, said before the campaign began: "Fighting and winning a by-election is perhaps his best hope of suggesting to people that he is still very much a man alone, fighting the establishment."
Polling averages published
The Electoral Reform Society's July averaging, published on Wednesday, noted that the month saw the transition from one prime minister to another for the fifth time since 2019, with Burnham's arrival followed by announcements on the cost of living, social care reform and devolution. Seven of the month's ten polls were conducted after he became Labour leader, and all ten after Keir Starmer announced he would resign.
Its verdict on the effect: "Well, in polling terms, we are back in March 2025."
PolitPro's trend as at 4 August had Reform UK first on 24.4%, Labour on 23.4%, the Conservatives on 19.9%, the Greens on 12%, the Liberal Democrats on 11.4%, the SNP on 2.6%, Plaid Cymru on 1.2% and others on 5.1%.
According to the Council on Foreign Relations, the government need not hold a general election until August 2029, but Reform UK has led national polls for over a year and pressure on Burnham to seek his own mandate could build.
Tribunal rules on anti-Zionism
A UK tribunal confirmed that Professor David Miller's anti-Zionism is a legally protected belief, Al Jazeera reported on Wednesday afternoon. Miller told the broadcaster the ruling was a victory that would encourage others to speak out against Zionism. The judgment, the respondent and any government reaction could not be independently confirmed.
Also on Wednesday
- PolitPro flagged that from 7 August tens of thousands of self-employed people and landlords with annual income over £50,000 are affected by a change; the detail has not been confirmed with HMRC. The same tracker referred to an undated immigration package known as Statement of Changes HC 259.
- The decision to give a life peerage and a ministerial post to Anas Sarwar, who led Scottish Labour to its worst Holyrood defeat since devolution in May and was the first senior Labour figure to call publicly for Starmer's resignation, continued to draw comment. LBC reported that Sarwar had rejected suggestions during the Holyrood campaign that he would take a Lords seat if he failed to become First Minister.
- Burnham's plan to scrap VAT on domestic electricity bills, announced on 20 July, remains due to take effect on 1 October.
Polls in Clacton open at 07:00 on Thursday 13 August and close at 22:00, with the declaration expected overnight. Given the boycott by the other main parties, turnout is likely to be as closely read as the result.
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