Popular gym with 31 branches in the UK scraps 'trans inclusive' changing room policy

Virgin Active, an international chain of health clubs with 31 branches in the UK, announced on August 15 that it will exclude transgender people from using changing rooms and bathrooms that correspond with their gender identity. This was revealed in an email sent to its customers yesterday and marks a major shift from the gym's previously inclusive approach. This comes following legal threats under the Equality Act from Michelle Dewberry, a GB News presenter, who sent a solicitor's letter to the company.

In an email to members, Virgin Active explained that it is "legally required" to make adjustments to its facility policies following an April ruling by the UK Supreme Court. That ruling determined that, under the Equality Act 2010, the definition of "sex" refers specifically to biological sex, not gender identity, even for those with a Gender Recognition Certificate.

Virgin Active wrote in the email sent to customers: "In April, the UK Supreme Court confirmed that the Equality Act 2010 defines sex in biological terms.

"While the decision was outside of our control, it is legally binding on our business - as well as other gyms, leisure centres and similar facilities across the UK. As a result, we are required by law to make certain changes to how we operate and manage our facilities.

"To comply with the law, we have had to update our Club Rules so that our changing rooms and bathroom facilities are designated according to biological sex."

The company added that it is awaiting further clarification from the Equality and Human Rights Commission (EHRC) on how to implement the policy moving forward.

Backed by charity Sex Matters, an advocacy group that opposes transgender rights, Dewberry wrote: "I regret that organisations are still failing to follow the Supreme Court's judgment that sex means sex and I therefore had no choice but to instruct lawyers to threaten them with legal action.

"Virgin's u-turn on my legal deadline day is a seismic victory for women and girls' safety and dignity across the land. Other sports and retail operators will undoubtedly follow suit."

British columnist, author, commentator and political activist, Owen Jones, reacted on X (formerly Twitter) to receiving the Virgin Active email and wrote: "This is clearly absurd, and will just means trans people driven from these gyms. What is happening, in a practical sense, is that Britain is being turned into a hostile environment for trans people.

"Trans people are being driven from public life. This is a monstrous injustice, and it won't last. It doesn't stop it being monstrous in the here and now."

The April Supreme Court ruling, which was unanimously decided by five judges, stated that the legal definitions of woman and sex in the Equality Act do not include transgender women, even those who have undergone legal gender recognition.

In response, trans rights groups warned that the judgment could set a concerning precedent, potentially weakening long-standing protections and rights for transgender individuals in everyday settings such as gyms, schools, healthcare services, and other public facilities.

The campaign group Scottish Trans said at the time of the ruling: "We are really shocked by today's supreme court decision, which reverses 20 years of understanding of how the law recognises trans men and women with gender recognition certificates.

"We will continue working for a world in which trans people can get on with their lives with privacy, dignity and safety. That is something we all deserve."

A spokesperson for Virgin Active said: "We acknowledge the UK Supreme Court judgment in April, which confirmed that the Equality Act 2010 defines sex in biological terms. We understand and accept that this ruling is legally binding on our business, as well as all other gyms and similar facilities across the UK.

"To comply with the law, we have updated our Club Rules so that changing rooms and bathroom facilities are designated according to biological sex, as the ruling mandates. Our updated Rules are available on our website at https://www.virginactive.co.uk/the-legal-stuff/club-rules and have been shared directly with all our members and employees.

"Most of our clubs already provide single-occupancy, non-gendered facilities that can be used by anyone, and we are working to make these available in all locations as quickly as possible.

"Like many in our industry, we are awaiting more detailed guidance from the Equality and Human Rights Commission (EHRC) to help put this ruling into practice.

"In the meantime, we are focused on implementing these legal requirements in a way that reflects our values: ensuring our clubs remain safe, respectful and welcoming for everyone. Our commitment to safety, inclusivity and supporting our members' health and wellbeing remains unchanged."