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Original poster

Workplace toilets - ACAS

35 replies

Hearwegoagain · 25/04/2019 21:34

I am about to discuss with my employer their policy on workplace toilets.

The policy says transgender people may use the toilet of their acquired gender.

I am concerned about this as it changes single sex toilets into mixed sex ones, and no-one has been informed of this. I have found the legislation on workplace toilet provision, which seems pretty clear that our current single sex toilets do not meet the criteria to be 'unisex' as they have cublicles not floor to ceiling doors.

I know they have based the policy on Stonewall's guidance, so I have been searching for balanced guidance on workplace toilets which factors in the fact that people (especially women) probably prefer single sex facilities.

I really want to be balanced and I appreciate that the employer has a duty not to 'out' someone as the opposite sex (particularly if they have a GRC). My workplace does have a few unisex toilets.

However was extremely disappointed to find this guidance from ACAS:

www.acas.org.uk/media/pdf/6/7/Gender_reassignment_discrimination_Nov.pdf

It not only states that employers should have a policy that allows trans employees to use the toilets of their new gender, it does not mention at all that others may have protected characteristics which mean this is a problem for them, and it presents what in my view is an extremely unlikely example of three women physically abusing a transwoman (p27 and 28).

Anyone fancy joining me in writing to ACAS to ask them to be more balanced?

And does anyone have any neutral, balanced sources of a more sensible policy?

OP posts:
ChattyLion · 25/04/2019 22:40

Good luck OP.

Original poster
Hearwegoagain · 25/04/2019 22:21

Thanks very much.

I just don't hold out much hope if their policy is based on the guidance from (apparently) reputable sources...

I will still have the conversation though.

OP posts:
CharlieParley · 25/04/2019 22:18

The Stonewall advice is wrong. Provisions made for a protected group are for those who share that group's protected characteristic.

In this case, access to single-sex facilities depend on sharing the same sex that the facility is provided for. For female-only facilities, this is possible in one of two ways: born female (i.e. biologically female) and born male but gained a GRC and now considered legally female.

By giving anyone else access to female-only facilities, your employer is discriminating against females in general, and females with the protected characteristic of race, religion and disability in particular.

By unlawfully including persons who are neither legally nor biologically female and thus do not share the characteristic of a protected group, your employer is excluding those who do share that protected characteristic (actual females) from their own facilities.

What I've stated above is the situation according to the existing law, but I'm afraid it's probably not all that helpful though. Could you maybe take a copy of the recent letter from the legal experts along?

TheInebriati · 25/04/2019 22:13

The ACAS guidance does not override The Equality Act. Trans people need a GRC to use facilities for their acquired sex, because self ID is not law.

fairplayforwomen.com/changing_rooms/

Mixed sex services need to meet certain standards, and an impact assessment needs to be completed because they cannot be used by everyone.

ChattyLion · 25/04/2019 22:10

www.hse.gov.uk/contact/faqs/toilets.htm

Here you go.
Your employer is legally obliged to provide separate cubicle facilities for men and women. If not you can report them to the health and safety executive.

MIdgebabe · 25/04/2019 22:02

Been said before, but just insist that san bins are provided in all toilets, or are they assuming that only men are transgender?

ChattyLion · 25/04/2019 21:47

This has come up before, just trying to dig it out for you OP.

In the meantime this speaker is an absolute joy. There may be something in her speech for what you need too.

WPUK speech,
'Professor Clara Greed is Professor of Inclusive Urban Planning at the University of the West of England, Bristol, and a specialist in toilet provision with particular emphasis upon women's needs'

www.youtube.com/watch?v=aD92aLqgtTA

Original poster
Hearwegoagain · 25/04/2019 21:45

I know. And then I found this:

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/484855/The_recruitment_and_retention_of_transgender_staff-_guidance_for_employers.pdf

Issued by the Government Equalities Office.

There is no mention anywhere of the impact on anyone else of a male bodied person using the women's facilities.

OP posts:
Ereshkigal · 25/04/2019 21:40

This needs to go on the Regulatory Capture thread.