“Because unless we force people to wear badges declaring their sex, or insist on 'sex signifying' presentation at all times, there will always be a risk we may fail to recognise a person's sex, and engage with them believing them to be the opposite sex, thereby consenting to engage on false pretences”
Not really. It is up to the employer to ensure that they don’t place a male person who declares they are female in a position that negates consent in a female single sex situation.
If it is not a situation where sex is important to decisions being made, it should not matter. So I think that this point is not really a consideration for these situations at all.
And if a male person cannot respect their employer’s policies etc and their actions put their employer in such a position where the employer unknowingly places female people in this position, then that’s a whole other issue again.
“With regards to the toilets, the wording of 'my' sign tells women that due to cleaning, the single sex space temporarily and for the specific function of cleaning, may be open to members of the opposite sex, for the express purpose of their work.”
I think it can be argued that this is not enough.
And I also can think of many people who will not be able to distinguish who is male and who is female. As I said, the onus is not on women or girls to have to judge someone’s sex by their appearance in a female single sex provision. The onus is fully on both the male person to not be there or the employer to be very specific about a male employee accessing the space.
There is a specific clause in humans rights that says that when safety is important it restricts the right of ‘privacy’ so that is no longer the priority.
https://www.equalityhumanrights.com/human-rights/human-rights-act/article-8-respect-your-private-and-family-life
A person can dress however the fuck they want, what they should not expect do is put themselves in a situation where they negate consent around single sex spaces.