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Separate or single-sex services – gender reassignment
13.142 If a service provider (including a person providing a service in the exercise of public functions) is considering providing a separate or single-sex service, they should consider their approach to trans people’s use of the service.
13.143 The impact of separate or single-sex services on trans people should be
considered when the service provider is deciding whether it is justified to have
a separate or single-sex service. Read paragraphs 13.120 to 13.133 for further
information on this.
13.144 If a service provider (including a person providing a service in the exercise of public functions) decides to have a separate or single-sex service and allows trans people to use the service intended for the opposite sex, the service will no longer be a separate or single-sex service under the Equality Act 2010 (the Act). It is also very likely to amount to unlawful discrimination against others (read paragraph 13.131). It is possible to offer a mixed-sex service alongside a single-sex service. A mixed-sex service must be open to all service users.
13.145 If it is justified to provide a separate or single-sex service, then it will not be unlawful discrimination because of gender reassignment to prevent, limit
or modify trans people’s access to the service for their own sex, as long as
doing so is a proportionate means of achieving a legitimate aim (schedule 3,
paragraph 28).
13.146 For example, a trans man might be excluded from the women-only service if the service provider decides that, because he presents as a man, other service users could reasonably object to his presence, and excluding him is a proportionate means of achieving a legitimate aim.
13.147 A legitimate aim for excluding a trans person from a separate or single-sex service for their own sex might be to prevent discomfort or distress for other
service users. Service providers should consider whether other service users
could reasonably object because they are worried about sharing a single or
separate-sex service with someone who appears to be of the opposite sex.
That will depend on all the circumstances, including the nature of the service
in question and the extent to which the trans person presents as the opposite
sex. For this reason, a service provider (including a person providing a service
in the exercise of public functions) should only consider doing this on a case-
by-case basis.
13.148 The service provider should consider whether there is a suitable alternative service for the trans person to use. In the case of services which are
necessary for everybody, such as toilets, it is very unlikely to be proportionate
to put a trans person in a position where there is no service that they are
allowed to use.
13.149 If the service provider does not act proportionately, this is very likely to
amount to direct or indirect discrimination because of gender reassignment
(section 13 and section 19