Single sex exemptions and the Equality Act - advice needed

104 replies

doingnicely · 11/02/2020 23:51

I need to take up the issue of single sex accommodation with an organisation. They say they would have an obligation to a transgirl under the Equality Act 2010 to put them in with the girls albeit single rooms with showers will be available in this instance but still in the girls' section.

I want them to respect girls' rights to sex-segregated accommodation under the Equalities Act and think the transgirl should not be accommodated with the girls.

What I'm slightly uncertain about is the gender reassignment characteristic in the EA 2010. Could they argue that trans comes under that? We are talking teenage male child who identifies as a girl here, not anyone who has had surgery or with a GRC.

Can anyone advise? I might not be able to get back to this thread until tomorrow night so sorry if I don't reply until then.

OP posts:

BrandNewUsername · 12/02/2020 00:11

Agreed, might be hard to argue.

There's Sched 23, para 3 but that's really aimed at communal sleeping and sanitary facilities.
www.legislation.gov.uk/ukpga/2010/15/schedule/23

The gender reassignment protected characteristic applies as soon as someone says that they intend to transition - so almost certainly would apply.

I think I'd just be checking whether whoever is running this is taking safeguarding seriously - ie what measures are in place to ensure that anyone who shouldn't be there cannot enter the girls' dorms and bathrooms.

ChickenonaMug · 12/02/2020 00:07

These resources might help also, although some of the advice is only applicable to toilets, some of the advice is applicable to other female-only spaces.

fairplayforwomen.com/school_toilets/

safeschoolsallianceuk.files.wordpress.com/2019/08/singlesextoiletsfactsheet.pdf

Original poster

doingnicely · 12/02/2020 00:06

Thanks very much for the quick reply MForstater and for the links I'll read them through.

OP posts:

MForstater · 11/02/2020 23:56

"Gender reassignment " does not change the protected characteristic of sex.

www.equalityhumanrights.com/en/our-work/news/our-statement-sex-and-gender-reassignment-legal-protections-and-language

Take a look at the statutory guidance for schools

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/315587/Equality_Act_Advice_Final.pdf

Although I think with single room (en suite?) accommodation it might be hard to argue.