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Feminism: Sex and gender discussions

Interim guidance from EHRC is out, thread 2

63 replies

Darkgreendarkbark · 27/04/2025 23:11

Unless someone has beat me to it? Seemed like an animated discussion still going, if anyone wants to continue. I wanted to reply to Cautious Lurker who said it was for society to uphold the law and stop people going into the wrong facilities. My post (before the thread filled up) was going to be:

Well, may I nitpick - it's down to service providers and employers. They are the ones subject to this law. It's not "for us as a society" to ensure that individuals follow the rules that service providers and employers bring in so that those organisations may comply with the law. I'm all in favour of the law, but it's not on my shoulders to uphold and enforce it in every leisure centre and office block. We did all the hard work of campaigning and crowdfunding just to get the law itself clarified. I can now just use my voice to complain to the provider if my single-sex space turns out not to be. Because the law is on our side.

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Keeptoiletssafe · 28/04/2025 14:59

Gettingmadderallthetime · 28/04/2025 14:36

Apologies for muddying the waters. You are of course correct. Me not.

I assume that places can stick with what they had pre. 2024 as long as they have not rebuilt or extensively remodelled. Once they do they need to take account of these new regulations.

Yes that’s what I believe. The EHRC and HSE may tweak it - I was on to them last year with some suggestions.

Gettingmadderallthetime · 28/04/2025 14:36

Keeptoiletssafe · 28/04/2025 06:49

No, that was in the lead up to this, Document T which came out in 2024.
https://www.gov.uk/government/publications/toilet-accommodation-approved-document-t

Apologies for muddying the waters. You are of course correct. Me not.

I assume that places can stick with what they had pre. 2024 as long as they have not rebuilt or extensively remodelled. Once they do they need to take account of these new regulations.

DuchessofReality · 28/04/2025 14:35

Keeptoiletssafe · 28/04/2025 14:32

It’s a bit out of my comfort zone but I am happy to go on the radio to point out single sex toilets with gaps designed in them is the safest.

Please please do! It is such an important point and it is missing from all the debates that I have seen/heard outside Mumsnet.

Keeptoiletssafe · 28/04/2025 14:32

KnottyAuty · 28/04/2025 11:57

I have been thinking that about a lot of commentators. There seem to be plenty men happy to take spots on news shows and giving their views. Don't they realise how ridiculous they are?

Maybe I should start touting myself as a pundit with lived experience of identifying with prostate cancer? Or male pattern baldness? I would be regarded as a complete idiot - but apparently a man can espouse in that way on female matters. FFS what is wrong with these people?

It’s a bit out of my comfort zone but I am happy to go on the radio to point out single sex toilets with gaps designed in them is the safest.

Gettingmadderallthetime · 28/04/2025 14:30

ArabellaScott · 28/04/2025 06:46

H&S regs require single sex facilities for employees and the number is specified according to sex.

Thanks. It's given as 1 toilet if 5 staff or less. (Most small places of work like shops, small offices or cafes). And that (employee) facility needs to be single sex if more than two employees? www.hse.gov.uk/contact/faqs/toilets.htm

RoseRedorDead · 28/04/2025 13:56

Thanks @Bunpea I'll pass details onto him. He's quietly converted his whole dept (well, most of them) and they quite literally assign gender at birth... Obv, they don't, they record it accurately 😂

Bunpea · 28/04/2025 13:40

RoseRedorDead · 28/04/2025 13:21

@LonginesPrime thanks for this, I'll check it out. My other half is a consultant for NHS Lothian and is well versed in trying to fight the erasure of women from the inside.

The other thread is also collecting copies of letters, notes etc that Trusts are sending out to staff (in case your OH has received anything similar) since the SC judgement. They have set up a repository where you can post it anonymously. It’s interesting how they vary.

LonginesPrime · 28/04/2025 13:23

RoseRedorDead · 28/04/2025 13:21

@LonginesPrime thanks for this, I'll check it out. My other half is a consultant for NHS Lothian and is well versed in trying to fight the erasure of women from the inside.

Please thank your other half! Hopefully that task will become much easier now!

RoseRedorDead · 28/04/2025 13:21

@LonginesPrime thanks for this, I'll check it out. My other half is a consultant for NHS Lothian and is well versed in trying to fight the erasure of women from the inside.

LonginesPrime · 28/04/2025 13:18

RoseRedorDead · 28/04/2025 12:51

Hi, delurking to ask- I don't know if anyone has posted this already, but I have found a FOI on NHS Lothian trans inclusivity policy. I can't figure out how to share it though, as it's a pdf. Here's the link if anyone interested. It's quite a startling read on how much thece misinterpreted the EA 2010. From 2024
www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=org.nhslothian.scot/foi/wp-content/uploads/sites/22/2024/05/8616.pdf&ved=2ahUKEwiOj4ibxvqMAxV5QkEAHcKEAQwQFnoECCYQAQ&usg=AOvVaw0fYf5j4Q7OtEloazhofXya

Thanks for sharing,@RoseRedorDead!

There’s a working group thread for volunteers auditing the NHS policies for each trust, and while I think they’ve done Lothian, it’s definitely worth having a look.

It really is shocking when you look behind the scenes at what these public orgs are actually doing, especially when it comes to the NHS and prisons, who are charged with safeguarding some of the most vulnerable women in society.

NHS Policy Audit - working party - thread #2 | Mumsnet

This is a thread about “keeping the receipts” on NHS Policies prior to the Supreme Court ruling on 16th April 2025. Our working theory is that there...

https://www.mumsnet.com/talk/womens_rights/5322494-nhs-policy-audit-working-party-thread-2?utm_campaign=thread&utm_medium=app_share

Darkgreendarkbark · 28/04/2025 13:18

TheHereticalOne · 28/04/2025 12:26

Interesting and I think this is another example backing up Barracker's 'Pronouns are Rohypnol' theorem.

It helps to mentally translate "transwomen" into "men who claim to be women" for clarity of thought and understanding!

I choose that translation carefully as it encompasses all those who genuinely believe that they are in fact 'women' - whatever that means under their own personal belief system (to which they are entitled, however vehemently I disagree) - as well as those with less ingenuous motivations. And under any sort of self-ID system and/or the definition of the protected characteristic "gender reassignment" under the EA2010, we are absolutely talking about both when we talk about "transwomen".

I dunno... Maybe, but for me it's not because I think of them as women. I just struggle for some reason with the combination of PC+something that's not a PC. Like what if there was a club for "Buddhists and people who are interested in Buddhism", or "Chinese people and those who are interested in Chinese culture". Effectively, they are open to all. Nobody's going to turn up and say "Oi, I'm not interested in Chinese culture and I'm not Chinese, but I'm annoyed that you're having a meeting without me, so I'm going to make a scene about it". I suppose in those cases, no exemption is actually being used, as effectively these are just special interest groups. The problem arises when a Chinese person stands up and says "look, this special interest group is all very well and good, but I also want a group that's only for Chinese people where we can talk about our lived experience without spectators". Which they are also entitled to, of course. So... I've now confused myself again. For some reason this feels like nailing jelly to a wall.

OP posts:
RoseRedorDead · 28/04/2025 12:51

Hi, delurking to ask- I don't know if anyone has posted this already, but I have found a FOI on NHS Lothian trans inclusivity policy. I can't figure out how to share it though, as it's a pdf. Here's the link if anyone interested. It's quite a startling read on how much thece misinterpreted the EA 2010. From 2024
www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=org.nhslothian.scot/foi/wp-content/uploads/sites/22/2024/05/8616.pdf&ved=2ahUKEwiOj4ibxvqMAxV5QkEAHcKEAQwQFnoECCYQAQ&usg=AOvVaw0fYf5j4Q7OtEloazhofXya

LonginesPrime · 28/04/2025 12:43

TheHereticalOne · 28/04/2025 12:26

Interesting and I think this is another example backing up Barracker's 'Pronouns are Rohypnol' theorem.

It helps to mentally translate "transwomen" into "men who claim to be women" for clarity of thought and understanding!

I choose that translation carefully as it encompasses all those who genuinely believe that they are in fact 'women' - whatever that means under their own personal belief system (to which they are entitled, however vehemently I disagree) - as well as those with less ingenuous motivations. And under any sort of self-ID system and/or the definition of the protected characteristic "gender reassignment" under the EA2010, we are absolutely talking about both when we talk about "transwomen".

I agree, but I think an even simpler translation of transwomen is “biological men”, as the SC and EHRC say.

This plain language sidesteps any accusations of disparagement arising from the word ‘claim’ and arguments about abusers always finding a way, etc, and it cuts straight to the heart of the issue - that a biological male’s motivation for entering a woman-only space is completely irrelevant to whether he should be allowed to do so.

TheHereticalOne · 28/04/2025 12:26

Darkgreendarkbark · 28/04/2025 00:22

Ah... I think it's clicking - thank you! It makes sense when you say it's not discrimination if "men and women are included/excluded on the same basis". While my Pisces example was a deliberately silly one, I can imagine more serious examples which would undermine sex equality, like "this club is for all men, and also for, er, women called John", or "voting is for all men over 18, and also for women over 30". I suppose in those examples, women are being held to a different standard or indirectly excluded, whereas in the "women and trans women" scenario, it's usually less clear how men are disadvantaged, which might be what throws a spanner into the works of my brain. But I suppose things like women only prizes and shortlists are a clearer example where men who aren't trans would be missing out.

Be prepared for me to ask this question again when the logic next falls out of my brain 😅

Interesting and I think this is another example backing up Barracker's 'Pronouns are Rohypnol' theorem.

It helps to mentally translate "transwomen" into "men who claim to be women" for clarity of thought and understanding!

I choose that translation carefully as it encompasses all those who genuinely believe that they are in fact 'women' - whatever that means under their own personal belief system (to which they are entitled, however vehemently I disagree) - as well as those with less ingenuous motivations. And under any sort of self-ID system and/or the definition of the protected characteristic "gender reassignment" under the EA2010, we are absolutely talking about both when we talk about "transwomen".

Szygy · 28/04/2025 12:25

Retiredfromthere · 28/04/2025 00:35

Unisex toilets are pretty efficient from a business point of view (less queuing) so if there is a mens and womens toilet facility separately labelled and different locations then this is perhaps because of a reason peculiar to that business (most don't have 50:50 male/female workforce).

If these exist then they can remain the same as before as long as they mean it (i.e. the female is biological female and not +transwomen). As there is only one person in the 'toilets' at one time its probably not that affirming a space, or one where embarrassment of encountering others is likely.

Thinking of some places where the women might want a toilet which is apart from the mens because of complaints about it being messy. smelly, etc.

I was talking to DH about this situation earlier and trying to explain it to him. He 'gets' the GC viewpoint but he hasn’t got the visceral understanding that (many) women possess.

We go to a coffee-shop sometimes that has 3 toilets side-by-side. They used to be: female, male, disabled. It all worked fine. Afaik nobody had any problem with it.
Then at some point a couple of years ago they silently became all ‘unisex'. Ever since, the loo that used to be the women's - always pretty neat, tidy and dry - became messy, piss-covered and nasty. All 3 cubicles are like that now.

DH was saying re this coffee-shop and the judgment, 'oh well, they’re unisex so it’ll be fine and it won’t make a difference.' He needed me to point out that actually, no - the separate women's loo used to be a much nicer environment and I’d like to have it reinstated, please.

colta · 28/04/2025 12:11

Just seen this posted elsewhere, its advice for trans identified individuals on using single sex faculties, basically just encouraging them to ignore the law and cause trouble for women and businesses. Prepared by an Inclusive Culture Expert 😂

Toilets - A pocket guide for Service Providers and for Trans People

Toilets - A pocket guide for Service Providers and for Trans People

https://flip.joannelockwood.co.uk/ApocketguideforServiceProvidersandforTransPeople?fbclid=IwY2xjawJ8OPNleHRuA2FlbQIxMQABHi5VV9JHBARQxNN2yeKYwtF7D4hD2Mk44joPZruVVEBehH-daYQhFQvWt7yl_aem_m3q_h2LQ3zfKZ2KcOHgeCw&sfnsn=scwspmo

Bunpea · 28/04/2025 12:04

CautiousLurker01 · 28/04/2025 11:46

My thoughts too.

Another issue with Stephen Kinnock is that despite being an MP for a constituency in Wales, he doesn’t live here, he doesn’t even live in the UK. He’s married to the ex-president of Denmark and that’s where his family home is.

It must be v difficult for him to keep on top of the UK’s public mood and sentiment.

If he lived here and was committed to staying, I’d also feel more reassured about his interest in finding long term solutions to the UK’s social political challenges. As it is, he can just hop off back to Denmark.

KnottyAuty · 28/04/2025 11:57

KilkennyCats · 28/04/2025 11:42

Then he’s completely compromised, and should have the decency to understand this and step aside.

I have been thinking that about a lot of commentators. There seem to be plenty men happy to take spots on news shows and giving their views. Don't they realise how ridiculous they are?

Maybe I should start touting myself as a pundit with lived experience of identifying with prostate cancer? Or male pattern baldness? I would be regarded as a complete idiot - but apparently a man can espouse in that way on female matters. FFS what is wrong with these people?

CautiousLurker01 · 28/04/2025 11:46

KilkennyCats · 28/04/2025 11:42

Then he’s completely compromised, and should have the decency to understand this and step aside.

My thoughts too.

KilkennyCats · 28/04/2025 11:42

PrettyDamnCosmic · 28/04/2025 11:40

Stephen Kinnock is completely captured as he has an adult daughter who thinks she is a man & has had a double mastectomy.

Then he’s completely compromised, and should have the decency to understand this and step aside.

PrettyDamnCosmic · 28/04/2025 11:40

KnottyAuty · 28/04/2025 11:37

There is a lot of misinformation on all sides.

I thought it was a pretty bad show on Radio 4 Today this morning for a government minister to say they would need to "think carefully" and "not rush" and "wait for EHRC guidance". They didn't bother with any careful thinking when they removed all of the women's rights did they? It is egregious!

It will take a few years for some cases to come through the Tribunals and courts with both sides claiming hostile environments and discrimination. And then the cases will be settled in favour of the women/single sex spaces. Financial penalties will be levied and it will become less attractive a hobby. We can hope

Stephen Kinnock is completely captured as he has an adult daughter who thinks she is a man & has had a double mastectomy.

KnottyAuty · 28/04/2025 11:37

Merrymouse · 28/04/2025 09:59

What is the strategy here?

It's clearly wrong, and won't work in court.

Wouldn't SW be better off accepting the decision and campaigning for a change in the law?

There is a lot of misinformation on all sides.

I thought it was a pretty bad show on Radio 4 Today this morning for a government minister to say they would need to "think carefully" and "not rush" and "wait for EHRC guidance". They didn't bother with any careful thinking when they removed all of the women's rights did they? It is egregious!

It will take a few years for some cases to come through the Tribunals and courts with both sides claiming hostile environments and discrimination. And then the cases will be settled in favour of the women/single sex spaces. Financial penalties will be levied and it will become less attractive a hobby. We can hope

LonginesPrime · 28/04/2025 10:40

WandaSiri · 27/04/2025 23:55

Yes, correct - they can restrict entry to women, but not to women+some men. That's unlawful discrimination against the men who don't claim to be women and the organisers are currently not operating a single sex service.

It’s also potentially indirect discrimination against women, as many will self-exclude (or be uncomfortable, etc) if it’s the type of service that needs to be single-sex but admits transwomen.

Keeptoiletssafe · 28/04/2025 10:29

Merrymouse · 28/04/2025 09:51

  • separate facilities for men and women, except where each toilet is in a separate room lockable from the inside
https://www.hse.gov.uk/simple-health-safety/workplace-facilities/health-safety.htm

The lockable bit is always questionable as is the reasonable adjustment for workers.

  1. Doors can’t truly be lockable as building regs in Doc T say they should be able to be opened outwards in an emergency when someone has collapsed in them and a body is stopping entry. How easy that is (hinge reversal/lifting off/coin) may be abused?
  2. A reasonable adjustment for someone with a collapse disorder maybe a door gap so that they can be seen if they collapse.

It seems the wrong if we have 1 but not 2.
We know people collapse in toilets enough times we put a rule in for building regs, but we don’t seem to be concerned about seeing they have collapsed and getting them out in time.