The Charity Commission has confirmed that its forthcoming equality law guidance for charities will not alter last year’s Supreme Court judgement that “sex for the purpose of the Equality Act means biological sex”.

This ruling relating trans inclusion in the Equality Act 2010 was made in April last year and has since led to the Equality and Human Rights Commission (EHRC) refreshing its code of practice.

“Charities need to be aware that our guidance will not alter the legal principle” around biological sex, the Charity Commission has said in a statement.

But the Commission has also said that its guidance “will set out how the charities’ exception can apply to charities, and how charities might take positive action under the Act”.

The charity regulator urges charities not to wait for its guidance, which it says it is working “at pace” to publish. Charities are called on “to take steps towards ensuring they can comply with” the EHRC’s code and legal changes regarding the legal definition of sex.

Steps could include seeking legal advice depending on the nature of their work, the Charity Commission said.

Earlier this month governance expert Penny Wilson called on the charity regulator to swiftly publish its guidance.

She said that “many charities are now facing confusion about how they can stay inclusive of trans+ people, with significant uncertainty about what is expected of them in practice”, adding currently there are “inconsistencies” amid the EHRC’s code and charity law.

In March this year Girlguiding announced that from September only biologically female girls and women can join as members and volunteers.

Also, from this date all current trans girl and young women members will have to leave. Current trans girl or trans women volunteers in a role open to women only will need to move to a role open to everyone.

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