Croft v Royal Mail

Summary

Croft v Royal Mail was an employment case which considered the issue of toilets and changing rooms. Croft transitioned at work and complained that some members of staff were saying “he, him and mate” and argued that having to use the unisex facility was an obstacle to gaining social acceptance. The tribunal found in favour of Royal Mail; that Croft had not been dismissed and that Royal Mail had taken reasonable steps to prevent sex discrimination by staff. This was upheld by the EAT and the Court of Appeal.

“Acquiring the status of a transsexual does not carry with it the right to choose which toilets to use“

Croft was backed by the Equal Opportunity Commission. In relation to the question of toilets and changing rooms Royal Mail said they had to consider both Croft’s preferences, “but also the views and preferences of our female employees”

The Court of Appeal  said that at some point a male person should be considered transitioned enough to gain access to women’s facilities, even if they had not ‘changed sex’, but it would not say what that point was. 

Commentary

Maya Forstater writes:

“Croft predates the GRA, but change of legal sex does not solve the problems it raises…. the GRA does not solve the problem that female employees may still object to showering, changing and sharing toilet facilities with someone they rightly perceive to be male, whatever their gender identity or legal status.”