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Feminism: Sex and gender discussions

Very clear article on legal position for retailers and single sex facilities

41 replies

ArabellaScott · 19/05/2025 10:23

https://www.theretailbulletin.com/retail-solutions/legal-do-retailers-have-to-provide-single-sex-toilets-and-changing-rooms-for-their-customers-and-staff-19-05-2025/

Many will find this instructive.

Lays out legal position, risks, and potential ways to approach the issues, in neutral and clear languagge.

Do retailers need to provide single-sex toilets and changing rooms? [IRWIN MITCHELL] | Retail Bulletin

Last month the Supreme Court decided that sex in the Equality Act 2010 refers to biological sex. Accordingly, when it refers to men, it means a person born male and when it refers to a woman, it means someone who is born female. These definitions are u...

https://www.theretailbulletin.com/retail-solutions/legal-do-retailers-have-to-provide-single-sex-toilets-and-changing-rooms-for-their-customers-and-staff-19-05-2025/

OP posts:
ArabellaScott · 19/05/2025 13:58

Offeritup · 19/05/2025 13:53

Yes, I have wondered about M&S changing rooms in my area. I think they are lockable floor to ceiling doors but it just says 'Fitting room' outside. In the women's clothing area there is a large photo of a woman on the wall, whereas in the men's clothing areas, the fitting rooms have a male image on the wall at the entrance. So you'd think they were single sex but I suspect they are mixed sex.

The SC judgement specifically said that if signage were commonly understood to mean 'man' and 'woman' then it needed to refer to biological sex, iirc.

OP posts:
OhBuggerandArse · 19/05/2025 13:57

A query on language, categories and types of institution in case any of you can help. A college has duties as an employer to its staff, but what are its duties to students - are they the same as other 'service providers' like a hospital or department store? Or do other categories come into play?

Offeritup · 19/05/2025 13:53

Yes, I have wondered about M&S changing rooms in my area. I think they are lockable floor to ceiling doors but it just says 'Fitting room' outside. In the women's clothing area there is a large photo of a woman on the wall, whereas in the men's clothing areas, the fitting rooms have a male image on the wall at the entrance. So you'd think they were single sex but I suspect they are mixed sex.

socialdilemmawhattodo · 19/05/2025 13:44

ArabellaScott · 19/05/2025 11:06

Great! It is clear for employers, too.

And for any business offering services that involve loos, changing rooms etc

Thank you - I am a member of a society, that offers events to members and the general public. They changed some of their toilets to gender neutral a few years ago. I strongly objected and said that I felt members should have been consulted. I also said that I hoped that staff hadn't been effectively bullied into accepting similar in their areas. It reduced significantly the number of single sex toilets. The organisation refused to engage with me on the matter at all. I think I am slightly stuck in that there are some single sex. The gender neutral have enclosed cubicles, no urinals, and communal handwashing. But I still think it was a cheek. Their attitude towards this and me has actually put me off attending.

Greyskybluesky · 19/05/2025 13:43

Interesting that they have chosen to accompany the (very good) article with a photo of Nottingham where an activist group is currently campaigning to make it the UK's first "trans sanctuary city"

RedToothBrush · 19/05/2025 13:34

PrettyDamnCosmic · 19/05/2025 11:12

This advice is a bit late for some businesses & most of the public sector who have all been sending out their “Our thoughts are with our trans sisters at this difficult time” emails.

I suggest that you avoid sending out messages which express sympathy with one protected group as you will expose your organisation to charges that you are partisan and have ‘picked a side’. And these sorts of communications will be disclosable in any legal proceedings and will be used by your opponent to undermine your credibilty.

Nice to see someone legal saying what I suspected.

MrsOvertonsWindow · 19/05/2025 12:48

Excellent advice. Balanced, clear and taking account of both sides. Hopefully everyone working for any of the foolish organisations who've sent emoting messages simpering over trans people can forward this to HR, legal & management.
And remember to keep a copy of those "sympathy" emails that were sent out - looks like they'll be helpful should you need to take any action against your employer for discrimination.

JulesJules · 19/05/2025 12:07

Thanks for posting this, I came to see if anyone had after it was tweeted by Helen Joyce. My employer definitely guilty of the hand wringing and sympathy towards one side. Guess which side...

BiologicalRobot · 19/05/2025 11:16

Thank you for posting this

SidewaysOtter · 19/05/2025 11:14

PrettyDamnCosmic · 19/05/2025 11:12

This advice is a bit late for some businesses & most of the public sector who have all been sending out their “Our thoughts are with our trans sisters at this difficult time” emails.

I suggest that you avoid sending out messages which express sympathy with one protected group as you will expose your organisation to charges that you are partisan and have ‘picked a side’. And these sorts of communications will be disclosable in any legal proceedings and will be used by your opponent to undermine your credibilty.

I dunno, Operation Let Them Speak is the gift that keeps on giving, especially when it's admissible in court Grin

PrettyDamnCosmic · 19/05/2025 11:12

This advice is a bit late for some businesses & most of the public sector who have all been sending out their “Our thoughts are with our trans sisters at this difficult time” emails.

I suggest that you avoid sending out messages which express sympathy with one protected group as you will expose your organisation to charges that you are partisan and have ‘picked a side’. And these sorts of communications will be disclosable in any legal proceedings and will be used by your opponent to undermine your credibilty.

ArabellaScott · 19/05/2025 11:06

Seainasive · 19/05/2025 11:00

I’ve saved the link and will definitely be using this!

Great! It is clear for employers, too.

And for any business offering services that involve loos, changing rooms etc

OP posts:
Seainasive · 19/05/2025 11:00

I’ve saved the link and will definitely be using this!

ArabellaScott · 19/05/2025 10:44

Well, this is written from the point of view of business people. The bottom line is generally fairly clear in situations where ideology clouds facts.

OP posts:
lcakethereforeIam · 19/05/2025 10:34

Bloody hell, a retail bulletin issues clear guidance on the SC decision. Something that is apparently beyond the NHS, Universities and too many big organisations for me to be bothered to remember.

I hope the GLP gets sent a copy. It might save their marks supporters some money.

Patrick Overall, you nailed it! Nominative determinism at its finest.

Jerabilis · 19/05/2025 10:33

I think that is some of the clearest guidance come out of this. I've read as yet. Hopefully retailers will pay attention!

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