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.

Ms Dewberry had complained to the gym chain after she encountered a man dressed in women’s clothing when she was changing in the local gym’s women’s changing room in February 2025.

At the time, Virgin Active management said that they were sorry she “felt uncomfortable”, adding that they “do have multiple transgender members that use our facility.”

The People’s Channel presenter was also told that the company’s policy was that “transgender females and non-binary members” could use the women’s changing room.

But today, 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 the letter, it said that: “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 said that it will be operationalising this policy “as soon as practically possible”.

The climbdown comes on the deadline for legal action for solicitors acting for Michelle Dewberry, which argued that by allowing males to access female changing rooms Virgin Active was committing discrimination under the Equality Act, specifically indirect discrimination on the basis of sex and belief, and harassment related to sex.

Ms Dewberry’s solicitors were told today that it is issuing a new policy and that changing room signage will be consistent with that policy.

Michelle Dewberry said: “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.

“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, CEO of Sex Matters, said she was “delighted” that Virgin Active had acted following the charity’s 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 all that in spaces where there is a ‘woman’ or ‘man’ sign on the door this is not up for negotiation.”

Emma Cocker, solicitor at Lawrence Stephens, said: “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 their privacy and dignity is respected and that the law is followed is likely to attract adverse publicity and affect consumer confidence.”

A spokesman 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.”

They 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.

“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.”