Emma Hardy suing David Lloyd Gyms over trans policy

Does anyone know what is happening here? I use David Lloyd, my 14 year old daughter comes with me and uses the female changing room as well

Planted a small seed. The law urgently needs clarification. It would really help if the EHRC got behind the Equality Act and understood that sex means sex, you're born with it and you can't change it, and it is not just a feeling in your head or a piece of paper issued by the government.

Thanks for this. In my view UK law needs to be changed into requiring single sex spaces for privacy, dignity and safety for women( not just allowing them as at present), and making it a criminal offence for a male, whatever his gender beliefs or GRC status, to enter a female only space (or a provider to enable it).
But the law is made by men so I won't hold my breath.

In the light of the recent cases of men in women's changing rooms, I have just looked at Emma's challenge to David Lloyd again. This appears to be the latest update on her site. It seemed like a useful, clearly worded summary, but also thought it might be useful as a gardening reminder.

Campaign update: 1 April 2024
On 13th December 2023 I filed a legal claim against David Lloyd Leisure under the service provisions of the Equality Act 2010.
My claim:
Women and girls are disproportionately more at risk from self identification as the basis to access changing/locker room polices. There is unequivocal evidence that unisex, mixed sex or 'gender specific' changing rooms are far more dangerous for women and girls. When men are permitted into these spaces many women and girls will experience feeling uncomfortable, unsafe and on 'hyper alert'. Many of us will resort to self exclusion. We believe this is unfair and amounts to indirect sex discrimination.
^https://fairplayforwomen.com/unisex-changing-rooms-put-women-in-danger/^
The need to keep the sex's separate was highlighted in the recent DfE Draft Guidance for Schools re: Gender Questioning Children brought out in December 2023 "It’s important that single-sex spaces such as toilets, showers and changing rooms, remain single-sex, and schools should continue to ensure children aged 11 or older should not be made to get changed or wash in front of children of the opposite sex."
^https://educationhub.blog.gov.uk/2023/12/19/gender-questioning-children-guidance-schools-colleges/^
And
Indirect discrimination on account of my Gender Critical beliefs; I believe sex is immutable and binary, male or female. Furthermore, I do not believe in gender identity, a man's choice of clothing, hairstyle, makeup, medical, surgical procedures or GRC, are simply not relevant factors when accessing 'single sex' changing rooms.
On 1st March 2023 David Lloyd Leisure officially stated that people born male may use the female single sex changing rooms. This came as a shock to me, at no point during our membership were we made aware of a self identification policy , if we had, we would never have joined. I believe that David Lloyd Leisure are aware their customers mistakenly believe their single sex facilities are accessed according to sex (not gender) and this amounts to a breach of contract.
In January 2024 we received the defence claim from David Lloyd Leisure. We are currently processing the proposed allocation of track, which will determine the length of trial. We are looking forward to the opportunity to go to trial and to clarify what single sex means in law, this will likely be at the end of this year or early 2025.
Just this month, Planet Fitness in the US became infamous and faces financial ruin after being exposed for prioritising a mans comfort over the privacy and dignity of women, including that of a 12 year old girl (eu1.hubs.ly/H08jmm30 #PlanetFitness)

Clearly in 2024 it remains necessary and lawful to expect single sex facilities to be reserved for one sex only 'as a proportionate means of achieving a legitimate aim'. It is unacceptable for service providers to hide behind guidance which encourages otherwise, I believe this is especially egregious when customers are not being appropriately informed of the policy:
"Sex-segregated changing could be an option and a trans person should be permitted to use whichever single-sex area they choose." (UK Active, Version 5)
^A very big thank you to everyone who has supported me in this action, incredibly we have raised almost £9000. My legal team is headed up by solicitor Elliot Hammer of Austin Branch McCormick. Thank you to everyone who has kindly platformed me on your channels, podcasts and radio shows, most recently Peter Whittle of The New Culture Forum in January: ^
We believe this is one of the first Gender Critical cases being brought on the grounds of the provision of services. It is our hope and belief that in taking this action we will set a precedent which will help guide other services providers on what is lawful which will ultimately help protect women and girls. Once my legal fees are covered all proceeds will be donated to women's rights organisations. For more details and updates of my case please follow me on 'X' @EmmaHardy196290
Thank you.

Thanks for sharing, I missed this one. Have donated.

Even if I use one of the two cubicles to get changed that’s no use to me unless any penis havers are in the other cubicle at all times. And let’s face it they won’t be, they’ll be flapping it round the place in full view.

So what happens for the people who aren’t happy and can’t get one of the “very few” cubicles by nature of there only being “very few”?

There's rarely anyone at all in the cubicles in the two I've been a member of.

In summary, the single sex exemptions exist and can if proportionate exclude even transwomen with a GRC from women's single sex spaces. Spaces where people will be undressed are a classic example where single sex exemptions may be used.
Services are not obliged to use single sex exemptions.
However, if they do not, they may be said to be indirectly discriminating against women by failing to provide single sex changing which many women need to be able to access a facility. Particularly if they also take women's subscriptions without clearly communicating this situation.
Good luck Emma.

You vote with your feet @SidewaysOtter . Personally I’m not that happy about being naked in front of others. There’s no cubicles in my gym but it’s not a deal breaker for me as the gym is great in every other respect. I strip off under a towel then put my underwear on after my shower in the shower cubicle. No big deal, you get used to it. I don’t think I’ve seen much nudity, not that I look. We’re Scottish though and not very exhibitionist. I did have a chat with a topless lady in our local pool changing rooms and she was letting it all hang out. Didn’t bother me at all, I admired her confidence (she wasn’t British needless to say!)

You are shown around all the facilities before you join.
If you don't like the open plan single sex changing then you don't join.

(NB I know there is a current issue wrt single sex!)

Or you join knowing sometimes you will need to wait for a cubicle.

So what happens for the people who aren’t happy and can’t get one of the “very few” cubicles by nature of there only being “very few”?

Basically yes, but you also have indirect sex discrimination if there is nowhere that a female can get changed without any males, and indirect religious/belief discrimination if there are no exclusively single sex spaces as practising Muslims and Jews would be excluded as they cannot be in a state of undress around members of the opposite sex (Bar their spouse).

I’m a DL member and quite happy with the open plan communal set up - anyone who isn’t happy can use one of the very few cubicles

My gym doesn’t have any any separate cubicles at all.

I disagree. I used DL for a couple of years and on several occasions there was a woman with a towel wrapped around her waist, naked above blow drying her hair. Clearly an exhibitionist.

Please could any regular gym goers
name the chain
that does NOT use the locker room system

Yes, it's the same at the one I go to. There are very few individual cubicles, and they don't seem to get used much.

Wonder if the data shows a trend?
I'd hate to get changed in a room with other women, I'd prefer a cubicle.

Might start a thread somewhere aibu? Maybe. Tomorrow.

Which gym chains are NOT locker room systems ?

I prefer open plan. Much more space than a confined cubicle with a slim bench and a couple of hooks. You can change by your locker so just get things out/put away as and when. The changing areas are spacious and very clean. The hairdryers again are within the locker / change area, so no moving from a to b.
They are SO much nicer than our local public pool.

Maybe I'm harder to con.

It sounds to me like DL have developed a way to have cheaper changing rooms, less space no cubicles and they have convinced all their high paying customers it is the way it should be.

That's great for you @Iwasafool but the fact expensive gyms continue to build changing rooms like that, and women rarely use the cubicles would indicate you're probably in a minority.

Each to their own.

@Iwasafool I accept it doesn't suit everyone, but honestly no one is standing around naked. In 25 years using DLL I don't think I have ever seen anyone else naked.