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Feminism: Sex and gender discussions

Failure to provide a toilet for the exclusive use of women is sex discrimination

56 replies

afternoonoflife · 14/02/2024 14:25

https://www.irwinmitchell.com/news-and-insights/expert-comment/post/102j048/failure-to-provide-a-toilet-for-the-exclusive-use-of-women-sex-discrimination

I saw this on Twitter. There was no female-only toilet. What happens if trans identified men are using a female-only toilet at work? I’m not a lawyer, does anyone know?

Failure to provide a toilet for the exclusive use of women = sex discrimination

Failure to provide a toilet for the exclusive use of women = sex discrimination

https://www.irwinmitchell.com/news-and-insights/expert-comment/post/102j048/failure-to-provide-a-toilet-for-the-exclusive-use-of-women-sex-discrimination

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Portakalkedi · 13/10/2024 18:56

GargoylesofBeelzebub · 31/08/2024 21:36

@NPET. Did you ever consider that the men using the urinals might feel uncomfortable peeing in front of you?

If they do then perhaps they could also lobby for privacy and single sex spaces for men but I guess they're not bothered enough to do anything. Shame really as it would support women.

Snowypeaks · 02/09/2024 07:20

NPET · 01/09/2024 13:29

I ½ believe it! I know that it MIGHT just incite boys to do "nasty" things or worse. But it SEEMS to work in France, especially where the conveniences are patrolled. I've actually NEVER had "problems" using a toilet in France (not of the sort we're talking about here anyway!) but I certainly have in the UK.

Maybe it's the fact that at least some toilets are patrolled which is highly significant? Reinforces the internal inhibition?

Snowypeaks · 02/09/2024 07:16

Slothtoes · 01/09/2024 11:44

Thank you. Ok so that’s another set of reasons reason why GRA should be repealed. Firstly there’s the veil of legal secrecy around GRCs and who has them. So women who are made to feel uncomfortable at work are put on the back foot to begin with if their HR team are not allowed to confirm or deny whether the man in their work toilets has the GRC or not. That creates a chilling effect on feeling that they can complain at all.

Secondly it is entirely morally wrong and sexist that any women at work should have to put up with men in their toilet spaces, just because men have a piece of entitling paper.

And no, the answer here isn’t for employers to put in gender neutral toilets. I don’t think many women want to be clearing up our male colleagues’ piss before we are able to use the toilets at work..

They wouldn't be entitled to use communal women's toilets, even with the Haldane/Inner House judgement. Because women's human rights to privacy, dignity and safety.

They won't/can't repeal the GRA, but the best solution I have seen would be Naomi Cunningham's solution which is an amendment disapplying the GRA from the EA. Puts the GRA back in its box. Confines its operation to what most MPs thought they were agreeing to, ie allowing the people to be married or buried/cremated as a woman/man. The whole question of males counting as women for equality measures, women's book clubs etc goes away. No males, with or without certificates, in women's public facilities.

Birdsaremyfriends · 01/09/2024 18:47

NPET · 01/09/2024 17:12

Agree but I have to emphasise again that I've never had problems in France of this sort. Yes I've had to queue (that's when you notice the urinals!) and yes I've had to use my own tp, but I've never had men trying to "interfere" with women or trying to see me sitting or squatting, even tho there's often less security between the men's and women's than here.

Ok - still not sure what your point is, though.

NPET · 01/09/2024 17:12

Tinysoxxx · 01/09/2024 13:58

‘especially where the conveniences are patrolled’
That elusive nirvana. The only time I have seen a person patrolling the loos is in big London department stores. Yes it works but equating it to Tesco, a station or a large office building is not realistic.

Agree but I have to emphasise again that I've never had problems in France of this sort. Yes I've had to queue (that's when you notice the urinals!) and yes I've had to use my own tp, but I've never had men trying to "interfere" with women or trying to see me sitting or squatting, even tho there's often less security between the men's and women's than here.

Tinysoxxx · 01/09/2024 13:58

NPET · 01/09/2024 13:29

I ½ believe it! I know that it MIGHT just incite boys to do "nasty" things or worse. But it SEEMS to work in France, especially where the conveniences are patrolled. I've actually NEVER had "problems" using a toilet in France (not of the sort we're talking about here anyway!) but I certainly have in the UK.

‘especially where the conveniences are patrolled’
That elusive nirvana. The only time I have seen a person patrolling the loos is in big London department stores. Yes it works but equating it to Tesco, a station or a large office building is not realistic.

NPET · 01/09/2024 13:29

GargoylesofBeelzebub · 01/09/2024 07:27

know French girls who say it's a good thing because it stops them thinking they've something they can frighten us with.

You honestly believe that? 🙈

I ½ believe it! I know that it MIGHT just incite boys to do "nasty" things or worse. But it SEEMS to work in France, especially where the conveniences are patrolled. I've actually NEVER had "problems" using a toilet in France (not of the sort we're talking about here anyway!) but I certainly have in the UK.

NPET · 01/09/2024 13:24

Birdsaremyfriends · 01/09/2024 06:16

I wouldn't have been worried at 20. As you get older and understand mvawg better, I think you appreciate the reasoning behind single-sex spaces.

I understand NOW the necessity for women-only toilets!

Slothtoes · 01/09/2024 11:44

Thank you. Ok so that’s another set of reasons reason why GRA should be repealed. Firstly there’s the veil of legal secrecy around GRCs and who has them. So women who are made to feel uncomfortable at work are put on the back foot to begin with if their HR team are not allowed to confirm or deny whether the man in their work toilets has the GRC or not. That creates a chilling effect on feeling that they can complain at all.

Secondly it is entirely morally wrong and sexist that any women at work should have to put up with men in their toilet spaces, just because men have a piece of entitling paper.

And no, the answer here isn’t for employers to put in gender neutral toilets. I don’t think many women want to be clearing up our male colleagues’ piss before we are able to use the toilets at work..

GargoylesofBeelzebub · 01/09/2024 11:33

Slothtoes · 01/09/2024 10:15

There’s also the issue that there can be single sex toilets but (male) employees who consider themselves entitled to because of their outfit choices, are allowed with management knowledge, to use the women’s toilets. Do female employees have a legal case against the employer there?

The law talks about employers providing toilets, and the assumption back whenever the law was made must have been, that employees wouldn’t ever use the opposite sex one.

The FWS 3 case clarified that they must have a GRC to use the opposite sex toilets. So yes, if an employer is allowing a male without a GRC to use the female toilets then the females have a case.

Slothtoes · 01/09/2024 10:15

There’s also the issue that there can be single sex toilets but (male) employees who consider themselves entitled to because of their outfit choices, are allowed with management knowledge, to use the women’s toilets. Do female employees have a legal case against the employer there?

The law talks about employers providing toilets, and the assumption back whenever the law was made must have been, that employees wouldn’t ever use the opposite sex one.

BlueBobble · 01/09/2024 09:12

I have the deepest respect for all of the clever and knowledgeable posters here.

But doesn't anyone just itch to take the common-sense approach...

'FFS Dave just go and pee and do your lippy in the men's toilets and leave women alone. No-one cares if you're wearing a dress anyway'.

Or some-such?

The serious point I'm trying to make is that I can't believe that we're tying ourselves up in knots about this... The only winners are the activists and the lawyers IMO. And the losers are women, every time. It's sad.

WarriorN · 01/09/2024 07:59

Oh the bravity of youth

I merrily used the men's loos when the women's queue was too long at that age. Because I hadn't been sexually assaulted by then and it felt relatively safe amongst uni mates.

GargoylesofBeelzebub · 01/09/2024 07:27

know French girls who say it's a good thing because it stops them thinking they've something they can frighten us with.

You honestly believe that? 🙈

GargoylesofBeelzebub · 01/09/2024 07:24

Ah you're only 20. You'll learn.

Birdsaremyfriends · 01/09/2024 06:16

NPET · 31/08/2024 23:15

I know, that's why I said "personally". I don't think many women if my age (20) would be worried.

I wouldn't have been worried at 20. As you get older and understand mvawg better, I think you appreciate the reasoning behind single-sex spaces.

NPET · 31/08/2024 23:23

GargoylesofBeelzebub · 31/08/2024 21:36

@NPET. Did you ever consider that the men using the urinals might feel uncomfortable peeing in front of you?

I don't think they are in France. They are probably used to it from school, and in fact I know French girls who say it's a good thing because it stops them thinking they've something they can frighten us with.

NPET · 31/08/2024 23:15

Birdsaremyfriends · 31/08/2024 21:32

But that's not true for all women. Indeed, some women would be unable to use toilets like that. They have to work for everybody.

I know, that's why I said "personally". I don't think many women if my age (20) would be worried.

annejumps · 31/08/2024 21:54

Emotionalsupportviper · 15/02/2024 22:23

Strange how it's always the women's facilities which become "all gender", and never the men's, isn't it?

Well we wouldn't want women in the men's room, men can be dangerous—

GargoylesofBeelzebub · 31/08/2024 21:36

@NPET. Did you ever consider that the men using the urinals might feel uncomfortable peeing in front of you?

Birdsaremyfriends · 31/08/2024 21:32

NPET · 31/08/2024 18:58

Personally, I'm not worried about walking past urinals (I've done it often enough in France!) as long as I can eventually get to a safe, lockable space free from men to do my own urinating in!

But that's not true for all women. Indeed, some women would be unable to use toilets like that. They have to work for everybody.

Horsesontheloose · 31/08/2024 19:01

lechiffre55 · 14/02/2024 15:44

It's starting to all look quite expensive isn't it?

You have to pay to make it all unisex, you have to pay all the discrimination payouts, and now you're going to have to pay to put it all back the way it was when you started. Ohhhh and all the legal fees too.

All the waste and stupidity makes it seem like they are auditioning for senior positions within the SNP.

Couldn't agree more.

NPET · 31/08/2024 18:58

lifeturnsonadime · 14/02/2024 16:22

Interesting case.

I don't think this makes a jot of difference to the current position for trans identifying males. Mixed sex toilets are already fine by law, what is not fine is inadequate provisions for women as compared by law to men. This is clearly the case here because of no locks on the door of the accessible toilet and the fact that the men's had urinals that she would have to walk through.

Personally, I'm not worried about walking past urinals (I've done it often enough in France!) as long as I can eventually get to a safe, lockable space free from men to do my own urinating in!

Emotionalsupportviper · 15/02/2024 22:23

Strange how it's always the women's facilities which become "all gender", and never the men's, isn't it?

Tinysoxxx · 15/02/2024 21:58

theilltemperedclavecinist · 15/02/2024 20:50

Good spot! The more protected characteristics the better...

I doubt such a case will ever happen though, so we are at the mercy of whatever the government decides to do.

Well I have just outed myself if it happens in future! Having had to revive someone who is blue on the toilet floor definitely puts ‘hurty feelings’ into perspective.