This is part of our The law is clear – so get on with it! campaign
The law is clear on toilets and changing rooms
Where a service is provided separately for men and women, this means biological sex.
Everyone should be expected to follow simple signs and rules.
The law is clear
The terms “sex”, “woman” and “man” in the Equality Act 2010 refer to biological sex. (FWS v Scottish Ministers)
It is lawful to provide services and facilities separately to men and women where it is a “proportionate means to a legitimate aim”. This includes services provided for everyday privacy and dignity such as changing rooms, showers, toilets and dormitories.
Separate-sex sanitary facilities are sometimes required by law:
- Employers are required to provide sufficient and suitable workplace facilities for women and men. In most cases this means separate-sex facilities.
- Schools are required to provide sufficient and suitable facilities for girls and boys. In most cases this means separate-sex facilities (in Scotland this is mandatory).
- Licensed venues are typically required to provide separate facilities for men and women.
Separate-sex facilities can be signposted simply with a word or a standard icon. These signs and words are about biological sex. They are not ambiguous and should not be taken as the start of a negotiation.
People who identify as transgender are not entitled to access services provided for the opposite sex.
It is good practice where space allows to also have a unisex option.
It is also a good idea to have a clear policy on your website. For example, the UK Houses of Parliament website says:
“Members of the public should use facilities that correspond to their biological sex or the gender-neutral toilets.”
If a man goes into a women’s toilet or changing room (other than maintenance staff who generally announce themselves and put up a sign) this is unwanted conduct that can have the effect of creating an “intimidating, hostile, degrading, humiliating or offensive environment” for women. That is, it is could amount to unlawful harassment related to the protected characteristic of sex.
Read about how Michelle Dewberry got Virgin Active to follow the law.
Employers and service providers must act now!
All duty bearers should understand the implications of the Supreme Court’s decision: it determines what the law is, and always has been. If service provider, employer or other duty bearer is currently following policies or practices that are unlawful, it will be no defence to any claim to say that they are awaiting guidance from the Equality and Human Rights Commission (EHRC).
Employers and service providers offering separate-sex facilities should not authorise unlawful harassment with statements such as that “people can choose the facilities they feel most comfortable with on the basis of their gender identity”.
The EHRC has published an interim update on the practical implications of the UK Supreme Court judgment which covers toilets and separate sex facilities.
What you can do
- Read our guide to understand your rights.
- Use our template letters to make complaints.
- Share our briefing on the legal arguments we made to the Scottish Government on their toilet policy.
- Share Ben Cooper KC’s legal analysis which explains why service providers must act now and not wait.