Virgin Active says changing rooms ‘designated by biological sex’

Virgin Active has announced its gyms will exclude trans people from using changing rooms and bathrooms that correspond with their gender identity under new guidelines.

The chain of private gyms informed customers of updates to its Club Rules, which outline rules and regulations inside Virgin Active branches, which force customers to use facilities based on “biological sex.”

In an email issued to customers, shared by independent journalist Owen Jones on X/Twitter, a spokesperson for the company claimed the changes were made to “comply with the law” following the FWS v Scottish Ministers Supreme Court judgement.

The unanimous Supreme Court ruling, issued in April, argued that the 2010 Equality Act’s definition of ‘sex’ referred to ‘biological sex’ and its definition of ‘women’ to ‘biological women.’

The ruling has since been used as justification by the Equality and Human Rights Commission (EHRC), among other institutions, to recommend excluding trans people from facilities consistent with their gender identity.

While the ruling allows transgender individuals to be excluded from single-sex spaces, it doesn’t mandate such exclusions and its practical application and impact are still being interpreted.

Section 8 of Virgin Active’s ‘General’ Club Rules states that customers and visiting members using changing rooms or other facilities “marked as ‘male’ or ‘female’ must select the one that matches their biological sex.”

An addendum to the clause states that efforts are being made to ensure that signage on gendered facilities is “clearly marked and easy to find,” while stating that unisex facilities inside the company’s gyms can still be used by everyone.

Jones accused Virgin Active’s policy is creating a “hostile environment” for gym members.

“Trans people are being driven from public life,” he continued. “This is a monstrous injustice, and it won’t last. It doesn’t stop it being monstrous in the here and now.”

In a statement to PinkNews, a Virgin Active spokesperson 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.”

The spokesperson added: “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. We are also exploring and implementing interim measures to ensure the comfort and wellbeing of all members while we complete this work.

“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.”

The UK’s Supreme Court judgement from April is not legally enforceable, and the EHRC’s interim guidance, which recommends banning trans people from using appropriate gendered facilities, is not legally binding.

Research published earlier this week from legal researcher Claire Broadley argued the FWS v Scottish Ministers ruling was based on an “incorrect understanding” of equality law.

Analysing the Supreme Court’s judgement, Broadley argued the panel had incorrectly attributed an irrelevant law to the 2010 Equality Act, while failing to consider vital case law which established precedent on trans people’s rights to access gendered facilities.

“[The ruling] gives every indication of being wrongly decided and should not, in our view, be relied upon by organisations as justification for excluding trans people from public life.”

Virgin Active urged anyone who is unsure or has concerns over which changing room is right for them to email [email protected] or call its customer service line at +44 208 167 6480.

Update 18/08/2025: An earlier version of this article stated that the Supreme Court ruling was not ‘legally enforceable’. This has been updated to reflect that while the ruling is legally enforceable, it doesn’t mandate the exclusion of trans people from single-sex spaces and its practical application and impact are still being interpreted.