Trans women can use women's toilets, except at work, court rules

"The High Court has said transgender women are lawfully permitted to use women's facilities, save for at work, in a decision on the Equality and Human Rights Commission's (EHRC's) code of practice. A judgment handed down on Friday (13 February) ruled that service providers do not need to exclude trans people from using the correct facilities, including toilets and changing rooms, despite the EHRC's claims."

"The Court suggested that employers could offer single-occupancy facilities, but that any single-sex alternatives must be provided on the basis of 'biological sex'. It argued that requiring trans people to use third spaces will 'rarely' be unlawful discrimination. It further argued that the EHRC's interim guidance, brought in the wake of the Supreme Court's judgment on FWS v Scottish Ministers, had been misinterpreted as enforcing a bathroom ban, which the court disagreed with."

The High Court ruled transgender women are lawfully permitted to use women's facilities except at work. Service providers do not need to exclude trans people from toilets and changing rooms. The court found the EHRC's interpretation inaccurate but held that single-sex workplace spaces may lawfully exclude trans people. Employers can offer single-occupancy facilities, while single-sex alternatives must be based on biological sex. Requiring trans people to use separate 'third' spaces will rarely amount to unlawful discrimination. Good Law Project says such policies risk outing and harming trans employees and plans to appeal.

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