I got this response to my original email, asking for sight of their risk and equality impact assessments and how this is 'inclusive' for women of other faiths, survivors of sexual violence etc.
Thank you for your email about our fitting room policy.
I would like to assure you all M&S fitting rooms have lockable cubicles designed to protect each customer’s privacy. As a business, we strive to be inclusive and therefore, we allow customers the choice of which fitting room they feel comfortable to use, in respect of how they identify themselves. This is an approach other retailers and leisure facilities have also adopted.
I am afraid we do not make internal documents relating to our policies and procedures available, however we understand your concerns and I want to make it clear that if any customer was to act inappropriately or cause intentional offence, the necessary action would be taken.
Thank you again for taking the time to get in touch.
Kind regards
Alison Round
Executive Team
Your M&S Customer Service
So this is my follow up:
"Dear Ms Round,
Thank you for your response. Unfortunately it is wholly unsatisfactory, and so I would be grateful if you could expand upon it.
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Can you confirm the date when you refitted all changing rooms across the whole M&S estate with a) the lockable doors to which you refer, as I have been in several stores recently where the disabled changing cubicle had only a curtain and b) full floor to ceiling walls to prevent any kind of voyeurism from taking place.
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Your reference to being 'inclusive' seems to overlook the specific question I asked in my original email so I will repeat it and I would be grateful if you could answer it with a more considered response than a PR soundbite. How does this nod to 'inclusion' square with the needs of women of other faiths, survivors of sexual assault or young girls having their first bra fittings, many of whom may feel unable to undress in a cubicle next to a man?
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This leads directly onto my next point. You claim this move is to make customers 'comfortable' in choosing a changing room. Where can women who are decidedly uncomfortable with the possibility of male people changing next to them go to try on clothes in your stores, either for the reasons listed above or simply because they don't wish to place themselves in a vulnerable position? Can you advise whereabouts in your policy our comfort been taken into consideration?
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You refer to other retailers and leisure facilities adopting this measure, which is very salient.
www.independent.co.uk/life-style/women/sexual-assault-unisex-changing-rooms-sunday-times-women-risk-a8519086.html
Can you confirm that your risk assessment and equality impact assessment both took into account the above evidence that assaults and incidences of voyeurism increase in mixed sex changing rooms? If you are unable to share the documents themselves, please quote the relevant scores from your risk assessment matrix and the specific mitigations you have put in place to minimise the associated risks. How many additional staff are being employed to staff your changing rooms? What additional training will they have to equip them to take the 'necessary action'?
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On that point, why do you feel an offence have to be caused or 'inappropriate behaviour' take place before M&S will step in? Why are you no longer taking the legal, proportionate step of retaining sex segregated spaces to prevent women and girls being placed at risk of increased harm?
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Can you confirm that you are indeed aware that while a) sex and b) gender reassignment are protected characteristics under the Equality Act 2010, gender identity is not. Assuming you can confirm your awareness of this fact, can you advise why you felt entitled to override the legality of providing sex segregated changing rooms?
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Could you advise which organisation has provided or been consulted to inform your staff's equality awareness training?
I look forward to your considered response in the near future."