Virgin Active gyms sued over changing room policy

A lawsuit against Virgin Active has urged the gym chain to “follow the law”, rather than pander to so-called ‘gender critical’ voices.

Legal advocacy organisation Good Law Project announced on Thursday (15 January) it was suing the company over its policy excluding transgender people from using changing rooms and toilets consistent with their gender identity.

The chain of health clubs updated its inclusion policy in August last year requiring customers to use facilities based on “biological sex” only.

A spokesperson for the company claimed in an email to customers that the changes were made to “comply with the law” following the FWS v Scottish Ministers judgment, arguing the 2010 Equality Act’s definitions of ‘sex’ and ‘women’ were purely biological.

Good Law Project said it filed the lawsuit on behalf of two Virgin Active members who argue the new policy discriminates against them because they are trans.

It accused the chain of caving to pressure after GB News presenter Michelle Dewberry threatened legal action in February 2025 for allowing trans people the right to use the correct gendered facilities. Good Law Project argued Dewberry’s legal threat was based on a “misreading” of equality law.

“Virgin Active’s decision to abandon trans people is a shocking failure for a company that claims to be a proud supporter of LGBTQ+ rights,” the legal group claimed. “It’s time to hold them to account.”

Virgin Active trans customers left ‘extremely distressed’ over policy change

The legal petition alleges that one of the claimants, using the pseudonym SP, had used facilities “without issue” before the policy change but was now expected to use the men’s facilities without prior assessments of her wellbeing or circumstances.

It further claims that staff members had “outed” SP to other colleagues without her consent or knowledge, which left her “extremely distressed”.

“Following the events (…) SP has greatly reduced her time at [her Virgin Active gym]. She previously attended three times per week and now attends about once a fortnight,” the lawsuit continues.

“She understands that her presence and use of women’s facilities were being monitored and discussed, that she was prohibited from using the women’s facilities by the policy change, and that she may be challenged by staff if she continued to use the women’s facilities.”

Good Law Project further argued that Virgin Active had not explained what its policy change “seeks to achieve” and that the company could not sufficiently prove it was a “proportionate means to achieving a legitimate aim”.

Over 8,500 members of the public signed a petition urging Virgin Active to “stop following” ‘gender-critical’ voices with its updated inclusion policy and instead “follow the law”.

In a statement to PinkNews in August, a spokesperson for the chain maintained that the changes to its inclusivity policies were made to “comply with the law”.

They added that the updates “acknowledge the UK Supreme Court judgment in April” while ensuring members that single-occupancy and non-gendered facilities would still be available.

“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,” they continued. “Our commitment to safety, inclusivity, and supporting our members’ health and wellbeing remains unchanged.”

PinkNews has contacted Virgin Active for comment.

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