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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Trans toilets

111 replies

SharkBaitOooHaha · 04/07/2025 10:51

I was under the impression that the supreme court ruling stating that to be considered a woman you had to have been born a biological woman, meaning…
Shop changing rooms had to be female/male same with toilets and all women only spaces.
I I live in a small village and trans people using my workplace’s toilets and changing rooms doesn’t really come up as an issue. Talking to my boss about this and he said he has had no instruction to change our current unisex toilet space or if it arises our changing rooms having to follow the new rule of.. If you’re a trans woman you need to go into the men’s changing rooms.
My question is, who is supposed to be making sure these rules are followed, how long have companies got to change their toilet facilities? Has anybody else who works in a job with fitting rooms noticed that there company doesn’t seem in a rush to change things? Until I brought this up at work my manager wasn’t even aware of the court ruling?

OP posts:
SundayFundayz · 04/07/2025 10:57

Most businesses are waiting for the full EHRC updated code of practice before updating their own policies

Whitehorses67 · 04/07/2025 11:00

I read the thread title and pictured a toilet which insists it is a bidet.

TimeFliesin2046 · 04/07/2025 11:03

SundayFundayz · 04/07/2025 10:57

Most businesses are waiting for the full EHRC updated code of practice before updating their own policies

Yes, but they shouldn't be. It was made quite clear if toilets are labelled as being for women, then only biological women can use them.

Kreepture · 04/07/2025 11:03

if they're designated as 'unisex' the ruling doesn't apply.

yetanotherusernameAgain · 04/07/2025 11:04

Are these toilets and changing rooms for use by the public or staff? Is the unisex toilet the only toilet?

selkieselkie · 04/07/2025 11:05

Nothing about the ruling means unisex toilets are no longer allowed. You have misunderstood.

JifNtGif · 04/07/2025 11:07

So there are currently unisex toilets/ changing rooms ? Then there doesn't need to be any change OP! You've completely misunderstood the implications of the ruling.

YellowGrey · 04/07/2025 11:07

I think after the ruling it's still ok to have a unisex toilet. The ruling is about trans people using single sex spaces. But that doesn't mean you can't have a unisex space if it's labelled as such.

Millers5star · 04/07/2025 11:10

SundayFundayz · 04/07/2025 10:57

Most businesses are waiting for the full EHRC updated code of practice before updating their own policies

Which they absolutely should not be doing.
The law just clarifies that where a business or facility offers "ladies" toilets, they must be for biological females only. It is still perfectly legal to provide unisex toilets - they just have to be labelled as such so that everyone knows they are mixed. If biological males are allowed into toilets/changing rooms etc, they cannot be labelled or referred to as "single sex". This video is very helpful

TimeFliesin2046 · 04/07/2025 11:11

YellowGrey · 04/07/2025 11:07

I think after the ruling it's still ok to have a unisex toilet. The ruling is about trans people using single sex spaces. But that doesn't mean you can't have a unisex space if it's labelled as such.

Yes, you can have a unisex toilet, and that's fine. It's just if they are designated as single-sex toilets, then they have to be just that.

SundayFundayz · 04/07/2025 11:11

TimeFliesin2046 · 04/07/2025 11:03

Yes, but they shouldn't be. It was made quite clear if toilets are labelled as being for women, then only biological women can use them.

And the full guidance should have been ready at the time of the decision rather than leaving businesses in a strange limbo of not knowing who’s responsibility it is to enforce it and what exemptions there may be. The questions the OP asked about timescales etc have not been answered yet so whereas for some places it was easy to make a change (eg define a toilet as unisex) some others need more information.

I’m not a small business owner but if I was I’d be waiting for the full information before making a judgement call on what I’m telling my employees they do / do not need to enforce.

TimeFliesin2046 · 04/07/2025 11:12

SundayFundayz · 04/07/2025 11:11

And the full guidance should have been ready at the time of the decision rather than leaving businesses in a strange limbo of not knowing who’s responsibility it is to enforce it and what exemptions there may be. The questions the OP asked about timescales etc have not been answered yet so whereas for some places it was easy to make a change (eg define a toilet as unisex) some others need more information.

I’m not a small business owner but if I was I’d be waiting for the full information before making a judgement call on what I’m telling my employees they do / do not need to enforce.

It's clear that there should be no exemptions, and even trans people with gender recognition certificates have to use the toilets that align with their sex, not their gender, so I don't see what the problem is TBH. It was all laid out pretty simply.

NoSoupForU · 04/07/2025 11:12

No the ruling wasn't that businesses and organisations must have gender segregated facilities. It was that if they choose to, they can stipulate qualification for using them to be biological sex.

HermioneWeasley · 04/07/2025 11:12

There’s a few different things in your post

in the workplace single sex toilets and changing/showering facilities are required under the workplace regulations unless they are fully contained rooms, so toilets have to have the loo and sink inside a single lockable room and then those can be mixed sex.

providers of goods and services are not required to offer single sex toilets, shop changing rooms etc, but if they do offer facilities labelled men/women, then they can only be used based on biological sex and not gender. It may be sex discrimination not to offer single sex facilities where it disproportionately affects one sex over the other (usually women) not to offer them.

nobody is policing this, but if an unlawful policy is used you can complain to the EHRC or in the case of the workplace, the Health and safety Executive. You might also be able to sue an employer for discrimination if they don’t follow the rules.

SharkBaitOooHaha · 04/07/2025 11:12

We have unisex toilets for staff only. The changing rooms are for public use and separated into male/female.

OP posts:
TimeFliesin2046 · 04/07/2025 11:13

@SundayFundayz Every second they wait, businesses are breaking the law.

NoSoupForU · 04/07/2025 11:14

The ruling also wasn't that businesses have to adhere to biological sex, it was that they can choose to without legal challenge.

ShamrockShenanigans · 04/07/2025 11:14

Why would they need to change a unisex toilet?

Millers5star · 04/07/2025 11:15

SundayFundayz · 04/07/2025 11:11

And the full guidance should have been ready at the time of the decision rather than leaving businesses in a strange limbo of not knowing who’s responsibility it is to enforce it and what exemptions there may be. The questions the OP asked about timescales etc have not been answered yet so whereas for some places it was easy to make a change (eg define a toilet as unisex) some others need more information.

I’m not a small business owner but if I was I’d be waiting for the full information before making a judgement call on what I’m telling my employees they do / do not need to enforce.

The video I posted explains that the law is, and always has been, very clear.

TimeFliesin2046 · 04/07/2025 11:16

NoSoupForU · 04/07/2025 11:14

The ruling also wasn't that businesses have to adhere to biological sex, it was that they can choose to without legal challenge.

Not quite. They can just have unisex toilets that everyone uses, and that's fine, but if they have toilets that are designated for women, and toilets that are designated for men, then only people of the corresponding sex can use each facility. So, transwomen, for example, are not permitted to use ladies toilets, but can use the gents or the unisex.

Millers5star · 04/07/2025 11:20

If businesses are waiting for EHRC guidance they could well be breaking the law that the SC has clarified and published for everyone to read.

NoSoupForU · 04/07/2025 11:20

TimeFliesin2046 · 04/07/2025 11:16

Not quite. They can just have unisex toilets that everyone uses, and that's fine, but if they have toilets that are designated for women, and toilets that are designated for men, then only people of the corresponding sex can use each facility. So, transwomen, for example, are not permitted to use ladies toilets, but can use the gents or the unisex.

Edited

That also isn't correct as access can also be denied to mens facilities.

But none of this is actual legislation at this point, it is guidance until the relevant acts have been amended and passed.

TimeFliesin2046 · 04/07/2025 11:21

NoSoupForU · 04/07/2025 11:20

That also isn't correct as access can also be denied to mens facilities.

But none of this is actual legislation at this point, it is guidance until the relevant acts have been amended and passed.

No, it's the law. It's that simple. It always has been the law, and businesses have been flouting it for years.

SharkBaitOooHaha · 04/07/2025 11:22

In my workplace we haven’t ever had any need for the trans woman in a female changing room discussion. There must be places where this comes up a lot though.. So I’m asking, places like a London Balantynes, if a trans woman wants to go into the female changing area there is no rule to stop that, is that correct? I thought the new ruling meant it had to change and I was asking if anyone worked somewhere where this ruling is going to affect are changes being made?

OP posts:
FruityCider · 04/07/2025 11:23

Noone is under any obligation to discriminate if they don't wish to. My friend owns a pub. She will understand no circumstances be banning transwomen or transmen from the toilet of their choosing, not would any of her patrons wish her to. People can stay mad about it but there's nothing anyone can do. It's utterly unenforcable even if there were some law banning people from toilets, which there isn't.

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