Universities warn new guidance will be a ‘safeguarding issue’ for trans scholars

Following the Supreme Court’s ruling of the definition of sex in April, researchers have warned that academia is becoming an increasingly hostile field for transgender scholars.

With guidance from the Equality and Human Rights Commission (EHRC) under review, universities are concerned that modified guidance could contribute to a less inclusive environment for transgender staff members and students.

Widespread concern among university students and staff regarding the controversial ruling appears to have been justified. “To be a trans person in the UK right now is to be exhausted and terrified’’ said Chris Parkes, a senior lecturer in history education at King’s College London, speaking to Times Higher Education.

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Guidance previously published by the EHRC in 2011 said that women and men should be treated based on the gender in which they present. The new ruling said trans people should be treated according to their sex assigned at birth. A new code of practice is underway to reflect the new ruling.

The anticipated guidance has led to anxiety. “To be a trans person in the UK right now is to be exhausted and terrified’’ said Chris Parkes, a senior lecturer in history education at King’s College London, speaking to Times Higher Education.

A record fine imposed on the University of Sussex in March following a lecturer’s resignation has added to concerns. The report says the fine was issued because the Office for Students found that Sussex’s Trans and Non-Binary Equality Policy Statement ‘limited what staff could teach, and what staff and students could say.’ The university was fined £585,000, the largest fine ever issued by the Office for Students.

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Professor Roseneil, the vice-chancellor and president of the University of Sussex, said the findings were ‘egregious and concocted’ and the fine ‘wholly disproportionate.’

‘’Universities are going to be afraid to be trans inclusive’’ says Kennedy, a lecturer in education at Goldsmiths.

The EHRC did release interim guidance nine days after the Supreme Court’s decision but this was withdrawn because of legal and political pushback. The interim guidance was said to allow trans people to be refused services on the basis of appearance.

Parkes said that if the expected EHRC guidance is adopted, ‘’this is going to be a safeguarding issue’’ and warned that ‘’people are going to get hurt.’’

Bridget Phillipson, the UK Secretary of State for Education and Minister for Women and Equalities, said ‘’it is vital that everyone, including trans people, can live free from harassment and discrimination and can access appropriate services.’’

Kishwer Falkner, the EHRC’s outgoing chair says ‘’The updated code ought to be brought into force as soon as possible. How quickly this happens is now in the government’s hands. We urge them to act at speed.” The draft was submitted to the Minister for approval on 4th September 2025. It is expected to be progressed shortly.

Featured image via Unsplash