Next changing rooms- how should I respond?

This is really key: It helped in those days that the boundaries and expectations were so clear.

In the past, it was crystal clear where the boundaries were. Men who were where they shouldn’t be, or behaving in ways they shouldn’t, stuck out like a sore thumb. If somebody was flashing or being a Peeping Tom, it was obvious, and they could be removed from premises and potentially charged with a criminal offence.

But now, how on earth would Next know if a man went into their changing rooms purely for the purposes of voyeurism or flashing?

Don’t they care at all about their female customers??

Years ago I worked in a clothing store supervising the changing rooms. There were curtains on every cubicle, that hung badly leaving gaps of about an inch. From where I stood at the entrance, I could see into several of the fitting rooms, and see quite a lot more than you would think. It wasn’t as obvious from inside the fitting rooms because lighting was brighter in the cubicle and the mirror extended the angle.

It’s something I’m very conscious of ever since. Occasionally we’d have men who would pause or loiter outside the fitting rooms in a particular spot, and we’d go stand in the way, or bustle around without directly challenging them or if necessary the security guard would get a nod. It helped in those days that the boundaries and expectations were so clear.

Looking for advice re how to respond to the following email. I recently contacted Next to let them know that on the last two occasions I tried on clothes in their Oxford Street store, there had been men in the changing rooms (at this point I thought they were single-sex). The first time a man was sitting in the communal area of the changing room, and the second time a man was in a changing room opposite mine. Both times I was trying on swimming costumes and felt really vulnerable being naked with a man directly on the other side of the curtain.

This was Next's response:

"Thank you for your e-mail and I am sorry to hear you have felt uncomfortable on your last couple of visits to our stores, due to the presence of male customers in the fitting rooms on the Womenswear floor.

Just to explain, our position has always been that all fitting rooms, irrespective of which department they are situated on, are open to all customers to use, and they are not designated as a single-sex provision. Hence the signage above the entrance just saying 'Fitting Rooms', rather than 'Men's' or 'Women's' Fitting Rooms.

We want to encourage customers to be able to use whichever facility is most convenient for them at the time. For example, for customers placing orders online for delivery to store, the collection point in most of our stores is on Menswear so female customers may find it more convenient to use those fitting rooms to try items on and decide what they wish to keep or return while they are still in store.

We are continuously reviewing and updating our fitting rooms, for example, by attaching hook and eye fixtures to secure the curtains in fitting rooms in our existing stores in order to make customers feel more comfortable, and we are also looking at alternatives to replace curtains in fitting rooms when we re-fit stores or open new ones."

I feel really disappointed with Next and don't feel they're taking women's safety seriously. They have changing rooms in the women's section and in the men's, so in what way would it be detrimental to them to make one specifically for women and one for men? There is absolutely no reason for men to need to access the changing room on the women's floor as all the men's clothes are on the upstairs floor, with it's own changing room. And I can't imagine many women actively choosing to use changing facilities on the men's floor. What is the legal position here? I thought that under the Equality Act companies can provide a single-sex space where there is good reason to do so?

At the very least, I would want there to be clear signage stating the changing rooms are unisex so that women can be made aware that they do not have access to a safe single-sex space before they enter. Is that unreasonable? Is there anything else I could add?

Marks have the same policy with the sign saying 'Fitting rooms' - except the images outside in the women's sections are photos of female models. Women think they are in single sex spaces. These shops are not taking women and their concerns seriously.

How many women are convicted of voyeurism, I wonder?

I wonder if it could be indirect discrimination against women

If we consider the guidance for unisex toilets in the workplace, unisex cubicles should have fully enclosed, lockable doors and recommend full height doors to ensure privacy. Toilets should be clearly labelled as unisex.
Therefore if Next are insisting on this position then they need to ensure that their changing rooms have lockable doors as opposed to curtains. However, this would require Next to spend money to alter their changing rooms.

Looking for advice re how to respond to the following email. I recently contacted Next to let them know that on the last two occasions I tried on clothes in their Oxford Street store, there had been men in the changing rooms (at this point I thought they were single-sex). The first time a man was sitting in the communal area of the changing room, and the second time a man was in a changing room opposite mine. Both times I was trying on swimming costumes and felt really vulnerable being naked with a man directly on the other side of the curtain.

This was Next's response:

"Thank you for your e-mail and I am sorry to hear you have felt uncomfortable on your last couple of visits to our stores, due to the presence of male customers in the fitting rooms on the Womenswear floor.

Just to explain, our position has always been that all fitting rooms, irrespective of which department they are situated on, are open to all customers to use, and they are not designated as a single-sex provision. Hence the signage above the entrance just saying 'Fitting Rooms', rather than 'Men's' or 'Women's' Fitting Rooms.

We want to encourage customers to be able to use whichever facility is most convenient for them at the time. For example, for customers placing orders online for delivery to store, the collection point in most of our stores is on Menswear so female customers may find it more convenient to use those fitting rooms to try items on and decide what they wish to keep or return while they are still in store.

We are continuously reviewing and updating our fitting rooms, for example, by attaching hook and eye fixtures to secure the curtains in fitting rooms in our existing stores in order to make customers feel more comfortable, and we are also looking at alternatives to replace curtains in fitting rooms when we re-fit stores or open new ones."

I feel really disappointed with Next and don't feel they're taking women's safety seriously. They have changing rooms in the women's section and in the men's, so in what way would it be detrimental to them to make one specifically for women and one for men? There is absolutely no reason for men to need to access the changing room on the women's floor as all the men's clothes are on the upstairs floor, with it's own changing room. And I can't imagine many women actively choosing to use changing facilities on the men's floor. What is the legal position here? I thought that under the Equality Act companies can provide a single-sex space where there is good reason to do so?

At the very least, I would want there to be clear signage stating the changing rooms are unisex so that women can be made aware that they do not have access to a safe single-sex space before they enter. Is that unreasonable? Is there anything else I could add?

"Thank you for your considered reply.
I shall no longer be providing you with my custom, I cannot and should not be expected to put my safety and dignity aside for company profits"

What I really don't understand is why these companies who must be reliant on adult women constomers, keep prioritising a tiny group of men?

From a business perspective it's so dumb.

Helen Joyce said, after FWS, she initially thought companies would be grateful to have the clarification of the law. But no, they continue to shaft women.

Wow, thank you so much for this! It is indeed brilliant.

And thanks for everyone else's comments. Interestingly, both times I complained directly to staff and they immediately went to tell the men to leave, so either they don't know about Next's policy or they don't agree with it either!

I feel that not being clear about the changing rooms being unisex means women customers are left to police the space themselves, which is really unfair. I don't have an issue with all unisex spaces, but I'd want the cubicles to have lockable doors, completely enclosed and not hidden round a corner but clearly visible to the shop floor.

@Mattressahoy send this:

Dear Next Customer Services,

I am writing to make a formal complaint about the fitting room arrangements in your Oxford Street store and to ask that this complaint is escalated to your Legal, Equality and Risk teams.

On my last two visits to the Oxford Street store, I used the fitting rooms on the Womenswear floor. On both occasions, male customers were present in that fitting room area. On one occasion, a man was sitting in the communal area. On another, a man was using a cubicle directly opposite mine.

On both occasions I was trying on swimwear. I was required to undress behind only a curtain, in an area I reasonably understood to be the women’s fitting room, because it was located on the Womenswear floor. I felt exposed, vulnerable and humiliated.

Your response states that all Next fitting rooms are open to all customers, regardless of which department they are situated in, and that they are not single-sex provision. That response is not acceptable.

The issue is not merely whether the signage says “Fitting Rooms”. The issue is whether a reasonable female customer entering fitting rooms located within Womenswear would understand those facilities to be intended for women, particularly where women may be undressing to try on underwear, swimwear, dresses or other intimate clothing.

Your current policy appears to impose a provision, criterion or practice that all fitting rooms are mixed-sex, including those located on the Womenswear floor. That policy is applied to all customers, but it places women and girls at a particular disadvantage compared with men.

Women are more likely than men to feel unable, unsafe, distressed, embarrassed or humiliated when required to undress in the presence or proximity of male customers. This is especially so where the only barrier is a curtain, where there is a communal area, and where women may be trying on swimwear, underwear, dresses or other garments requiring significant undressing.

The disadvantage is not theoretical. It directly affected me on both visits. I felt vulnerable and exposed while trying on swimwear with male customers present in the same fitting room area.

This disadvantage is likely to be greater for women and girls with religious or cultural modesty requirements, teenage girls, older women, women with trauma histories, women with disabilities, women who are menstruating, women who are breastfeeding, and women trying on intimate clothing. It is also likely to deter some women from using the fitting rooms at all, returning items in store, shopping in-store, or using Next’s services on equal terms with male customers.

That is why I consider Next’s current approach capable of amounting to indirect sex discrimination under the Equality Act 2010, unless Next can show that the policy is a proportionate means of achieving a legitimate aim. I do not understand what legitimate aim would require men to be able to use the fitting rooms on the Womenswear floor when there are also fitting rooms in the Menswear department. Nor do I understand why any such aim could not be met by providing separate male, female and/or clearly marked mixed-sex facilities.

I therefore ask Next to explain how it has assessed this policy under the Equality Act 2010, including the risk of indirect sex discrimination. The Equality Act permits service providers to offer separate-sex and single-sex services where justified. Changing rooms and fitting rooms are an obvious context where privacy, dignity, decency and safety are legitimate aims.

I also ask you to explain why Next has decided not to provide a female-only fitting room on the Womenswear floor when the store also has fitting rooms in the Menswear department. If men’s and women’s clothing departments are already separated in-store, it is difficult to understand why Next cannot provide clearly marked female-only fitting rooms on the Womenswear floor, with separate provision for men and/or mixed-sex use elsewhere.

At the very least, if Next intends these facilities to be mixed-sex, that must be made completely clear before women enter and begin undressing. Small or ambiguous signage saying “Fitting Rooms” is not enough. Customers should not discover that a fitting room is mixed-sex only after they are already inside and partly undressed.

Please treat this as a formal complaint and provide the following:

1. Confirmation of whether the Oxford Street Womenswear fitting rooms are mixed-sex.

2. Confirmation of whether Next provides any female-only fitting room provision in that store.

3. A copy or summary of the Equality Act assessment, risk assessment, or policy decision supporting mixed-sex fitting rooms on the Womenswear floor.

4. Confirmation of whether Next has considered the impact on women and girls, including those with religious modesty requirements, trauma histories, disabilities, older women, teenage girls, and women trying on swimwear or underwear.

5. Confirmation of whether Next will now provide clearly marked female-only fitting rooms on the Womenswear floor, alongside any mixed-sex provision it wishes to offer.

6. Confirmation that, pending review, Next will clearly sign mixed-sex fitting rooms at the entrance so women can make an informed choice before entering.

If Next refuses to provide female-only fitting room provision, please provide your final response in writing so that I can consider my next steps. These may include taking legal advice, raising the matter with the Equality and Human Rights Commission, and sharing my experience publicly and with the media. I will of course ensure that anything I say publicly is accurate and based on my own experience and your written response.

I am not asking Next to treat anyone unfairly. I am asking Next to take women’s privacy, dignity and safety seriously, and to provide clear, lawful and properly assessed single-sex provision where women are expected to undress.

I look forward to your substantive response within 14 days.

Yours faithfully,