Military commanders are being told to assess transgender cases individually while ministers continue drafting new guidance
The Ministry of Defence has been accused of failing servicewomen by leaving its transgender policies unchanged more than a year after the Supreme Court ruled that sex under the Equality Act refers to biological sex.
The delay has left military commanders deciding transgender personnel's access to single-sex accommodation and facilities on a case-by-case basis while officials continue drafting updated guidance, The Telegraph has reported.
Despite the landmark ruling in April last year, the MoD's 2019 transgender policy remains publicly available on Government websites.
The department has been unable to provide a timeline for publishing revised guidance, leaving female personnel without clarity over the rules governing single-sex accommodation and facilities.
The 2019 policy allows transgender personnel to use accommodation, toilets and changing facilities that correspond with their acquired gender from the point they begin transitioning.
It also states that under no circumstances should a transitioning individual be required to use facilities matching their biological sex.
Following the Supreme Court ruling, the MoD instead instructed Army commanders to assess cases individually and seek advice from the department's diversity and inclusion team.
When approached by The Telegraph, the department confirmed it could not provide a timetable for publishing revised guidance.
The existing policy, which critics argue is no longer consistent with the legal position, remains published in full on official Government websites.
Maya Forstater, chief executive of Sex Matters, accused the department of failing female service personnel.
"The Ministry of Defence is failing young women in the Armed Forces living in barracks in the UK, and overseas, by expecting them to share 'female-only' corridors, showers and washrooms with trans-identifying males," she said.
She warned the department risked facing costly legal action if it continued to delay updating its policies.
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"For too long women in the armed forces have been expected to 'put up and shut up' about sexual harassment," Ms Forstater said.
"Women who join the armed forces are not there to provide a gender-affirmation service to discontented male colleagues."
Lauren Bone, legal director of the Women's Liberation Front, said single-sex accommodation remained essential for the safety of servicewomen.
"Sexual harassment and assault are already enough of a problem without insisting they share sleeping quarters and showers with the opposite sex," she said.
Shadow Defence Secretary James Cartlidge also urged ministers to act quickly.
"The current uncertainty is unfair on our brave servicemen and women," he said.
"Everyone who serves our country deserves to feel safe, respected and supported, while ensuring that appropriate protections for single-sex spaces are maintained."
On June 10, the MoD acknowledged its existing guidance was "no longer fully reflective of the legal position" and said any revised policy would be subject to equality impact assessments and consultation.
The delay mirrors wider frustration across Whitehall, where several departments have yet to update guidance following the Supreme Court ruling.
In May, the Government published an updated EHRC code of practice requiring public bodies to provide single-sex facilities based on biological sex rather than gender identity.
An MoD spokesman said: “The independent equalities regulator EHRC has updated their code of practice, and the draft was laid in Parliament by the Government last month.
"The department is following cross-government guidance in the interim while the Government follows appropriate legal processes in considering future EHRC guidance.”