Brook v Tasker

Summary

Susan Brook was told not to use the ladies toilets at a pub in Halifax, and was barred after complaining. In a County Court case Brook was awarded £1,500 damages.

This has been reported as a “landmark case” and has been leaned on heavily by those who argue that self-declared “gender identity” gives someone the right to access to single sex changing rooms, showers, toilets, hospital wards, dormitories and so on shared with members of the opposite sex.

However it was a first instance case and does not create a precedent. In practice the publican did not have a lawyer, and did not come to court. So no legal arguments were heard and no reasons published.

Commentary

Maya Forstater investigated what happened in this case:

“The question of whether discrimination arose from Brook not being allowed to use the female toilet facilities or from Brook being barred from the pub was not raised, nor was there any examination of evidence on the circumstances that led up to Brook being barred that day…It should not be taken as an authority for anything – either formally in law, or informally by presented as so in government documents and guidance.”