Consequences of ls v NHSE England court win, discuss & explore the detail of judgement, what this means for other cases and institutions

Please, please draft the letter.

My council (CEO and Leader) needs to see tailored version of it. ‘Will you please confirm that …’ sort of thing. I know one of the legal team there and I think they’d welcome it, because a lot of the councillors in charge ain’t listening.

We need to remember, welcome as the judgement is, that it is not binding in law as a tribunal appeal would be. However, hopefully it will encourage other employers not to FAFO.

Hopefully this will be important:
“We accept that it would not be possible for the respondent to guarantee that the single-sex toilets would only be accessed by women. However, this does not mean that the respondent could not take reasonable steps to ensure that such a policy was complied with by its employees and visitors, for example by making it a disciplinary offence to breach any employee policy or by requiring visitors to comply with appropriate policies.”

The NHS, civil service, universities and all larger business should find it simple to offer some mixed sex spaces for those wishing to share with the opposite sex while maintaining single sex spaces for men and women, making it part of their employee policy that single sex changing / toilets must not be used by the opposite sex.

Two things from the judgement that stand out to me are:
'policing' toilets - just because some people may not obey a rule is not an excuse not to have one, and to make it company policy
[something we've pointed out on this thread many times]
and
'proportionality' in terms of how much has to be done to reach the legitimate aim of not discriminating against a protected group.

I've only skimmed through the judgment, but I think it is a very important statement of The law rather than Stonewall Law.

I hope it means the end of court cases. Especially against state funded organisations like NHS and councils.

Do you think Ms Phillipson is waiting for more court cases to show the way rather than publish the government's guidance?

The impact of this judgment is that every woman in UK has rights to single sex spaces at work for toilets and changing rooms (where required for work purposes).

Two higher court judgments combined bind all employers in the UK (inc NI where EA doesn’t apply) to ensure that workplace toilets, showers and changing rooms are for women only. Not for men who identity as women.

Fail to do this and you are discriminating against women.

I think I’ll do a draft letter people can use to send to their employers.

Huzzah! Many congratulations to the brave claimant and to her excellent legal team What a cheering read. Thank you OP.