Virgin Active brings its changing rooms policy in line with the law after threat of legal action 

Virgin Active has changed its changing-room policy to ensure that biological men (including those who identify as “transgender women”) are no longer allowed to use its women’s changing rooms. 

The fitness group acted after a threat of legal action by GB News presenter Michelle Dewberry, with support from human-rights charity Sex Matters. 

Solicitors acting for Ms Dewberry sent a legal letter to the gym chain threatening to bring a claim under the Equality Act about the chain’s policy of “trans inclusion”, which allowed any man who claims to identify as trans or non-binary into the women’s changing room. 

Dewberry had complained to the gym chain after she encountered a man dressed in women’s clothing when she was changing in the women’s changing room of her local gym in February 2025. She was shocked and surprised, and felt vulnerable and uncomfortable. 

She emailed local Virgin Active management, who responded that they were sorry she “felt uncomfortable”, adding that they “do have multiple transgender members that use our facility”. 

Upon further enquiry she was told that the policy was that “transgender females and non-binary members” could use the women’s changing room. Further requests for clarification about what this meant got nowhere, and she cancelled her gym subscription. 

Today, following the threat of legal action, Virgin Active has changed the policy on its website and sent emails out to gym members saying that it was doing this in order to bring the policy in line with the law. 

“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.”

Virgin Active says that it will be “operationalising this policy change… as soon as practically possible”.

The climbdown comes on the deadline stated in a legal letter sent by solicitors acting on behalf of Michelle Dewberry, which explained that by allowing males to access female changing rooms Virgin Active was committing discrimination under the Equality Act: indirect discrimination on the basis of sex and belief, and harassment related to sex.

Although Virgin Active has not admitted liability, today it replied to Ms Dewberry’s solicitors saying that it is issuing a new policy, and that changing-room signage will be consistent with that policy.

It wrote:

“We deeply regret any distress or suffering caused to your client by our current policy and by the handling of her complaint.

“Appropriate training on our updated policy will be provided for staff, with the aim of supporting all our staff and members with policy compliance.”

Virgin Active’s new policy on its website, which was updated today, says:

“By law, our members and visitors who use a changing room marked as ‘male’ or ‘female’ must select the one that matches their biological sex.

“Our unisex and single-occupancy facilities can be used by everyone, and we are updating our signage to ensure these spaces are clearly marked and easy to find. If you need help locating our unisex and single-occupancy facilities, our front-of-house team will be happy to assist. If you have any questions or concerns about which changing room is right for you, please email [email protected].”

Virgin said that it had previously “allowed our members to use the changing rooms of the gender in which they present and identify” based on “our earlier understanding of the interpretation of the Equality Act 2010 (the EqA) together with the Gender Recognition Act 2004.” This was “in line with guidance provided by UK Active, the industry body for gym providers in the UK, and has been adopted by many other gym and leisure providers in the UK as well as a wide range of service providers in other sectors.”

Michelle Dewberry says:

“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 Virgin with legal action.

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

“It just goes to show that organisations are not above the law and that women should feel empowered to stand up for their rights. 

“I am grateful to Sex Matters for supporting me to take action and to For Women Scotland for paving the way.”

Maya Forstater says:

“We are delighted that Virgin Active has acted following our intervention with Michelle Dewberry. 

“The law is clear and gyms, leisure centres and sports facilities that provide men and women’s changing rooms, showers, saunas and other single-sex facilities should do so confidently and clearly.

“Individual businesses, charities and public services should not wait for women like Michelle Dewberry to step up and threaten them with legal action. It should be obvious to everyone that in spaces where there is a sign saying “Women” or “Men” on the door, this is not up for negotiation. 

“As Virgin Active has said, providing a unisex option in addition which is clearly marked and easy to find means that everyone is provided for.” 

Emma Cocker, solicitor at Lawrence Stephens, says:

“It is disappointing that legal action was necessary in order for Virgin Active to commit to providing safe and dignified changing spaces for its female customers, even after the Supreme Court’s declaration in April that ‘sex’ within the Equality Act 2010 means biological sex. Instead, Virgin Active waited until it was threatened with a legal claim before implementing the necessary changes to bring its policies and practices in line with the law. This should act as a warning to all service providers that continued non-compliance with the Equality Act 2010 will result in legal action. They may also wish to consider that forcing customers to take legal action to ensure that their privacy and dignity is respected and the law is followed is likely to attract adverse publicity and affect consumer confidence.”