Unisex toilets at work - Northern Ireland

[BelfastBlether]

NC for this.

Work is turning all the toilets "unisex" in my building. Not happy about this for all the reasons discussed on FWR ad nauseam.

Currently we have I think eight(?) sets of loos in the building, four for women and four for men, each with basins and about 4 cubicles, for the use of several hundred people. I'm not sure if the gents have urinals as well. I believe that the idea is to put floor-to-ceiling doors on the cubicles and to make each set of toilets open to all. The basins I think would not be enclosed, and would remain in the shared areas (now to become unisex).

I have several TW and NB colleagues, and to my knowledge there have been no issues with them using the facilities of their choice. At one point I believe the idea was to adapt some of the existing facilities into unisex provision, to which again no-one objected. Now the employer seems to have decided it would be simpler to get rid of single-sex provision entirely.

I have very heavy periods and am not looking forward to doing my monthly serial-killer-style clean up of bloodied hands, underwear, tights, etc. in the basin in front of male colleagues (yes, they are excessively heavy; no, my doctor isn't helpful). But my concern isn't primarily about myself and my needs; it's about all the women in the building, and our many reasons for needing single-sex facilities (safety, privacy, trauma, religious faith etc.).

Does anyone have any info about the legality of the employer's plans? I am in Northern Ireland and the relevant regulation comes from the Health and Safety Executive. As NI is a small place, I don't want to give too many more specifics about the employer or workplace. In a leaflet on "welfare provision" (loos), the HSE say employers should provide "where possible, separate facilities for men and women - failing that, rooms with lockable doors". I'm not sure of the meaning of "rooms" in this context, or where the basins have to be. I'm also not sure of the exact meaning here of "where possible". Clearly it would be "possible" for my employer to provide separate facilities since that's the existing arrangement, but I'm not sure if the HSE would consider that actionable.

Any advice from you brilliant women would be much appreciated!

I think the position in sinks is not terribly clear, but what is clear is that if they are mixed sex they must be "rooms" (eg with brick walls) not just full height cubicles. Hopefully the cost and practicalities of conversion (brick walls take up a lot more space than cubicle walls) will be prohibitive if you can draw this to their attention.

The references to "rooms or cubicles" in the HSENI guidance show that the HSE view cubicles as being different from rooms.

I would raise the need for privacy at sinks for women with heavy periods, women who use certain types of period products and Muslim women in any event, and remind the employer of their Equality Act duties. They think they are being inclusive and progressive but these plans would disadvantage a lot of women.

I think the position in sinks is not terribly clear, but what is clear is that if they are mixed sex they must be "rooms" (eg with brick walls) not just full height cubicles.

I don’t think this can be right, if it is my workplace is in breach. I don’t think the word room implies brick walls - that would mean most people have no rooms in their houses.

I don’t think this can be right, if it is my workplace is in breach. I don’t think the word room implies brick walls - that would mean most people have no rooms in their houses.

Well maybe not brick, a stud wall would be fine. But a cubicle is not a room.

I think (not certain sorry) that the distinction is whether the walls are all the way to the floor rather than what they’re made of.

I very strongly disagree - a cubicle is by definition a partitioned-off area of a room, and is not capable of being a room itself (regardless of height). It's a structure within a room - not a room.

Allowing full height cubicles is a bad idea in any event - what if it's supposedly full height but there's room to squeeze a phone underneath or over the top?

If the employer is making a change to pre existing facilities I think it is an Equality Impact Assessment they'd be expected to do.

@BelfastBlether

Thanks all for the solidarity and fab advice!

Thanks a million YourSex for the legislation links. The text seems a bit vague in Northern Ireland on the basins question. Regulation 20 (sanitary conveniences) doesn't specify enclosed sinks/basins and Regulation 21 says handwashing facilities do not need to be single sex.

But if I can't absolutely rely on the regulations, I will anyway certainly make the point Jeanne that basins need to be in the cubicles for the reasons you mention.

Asking for a risk assessment Uhtred is a brilliant idea.

I'll let you know if I get anywhere...

Washing facilities 21. —

(2) Without prejudice to the generality of paragraph (1), washing facilities shall not be suitable unless—

(h)separate facilities are provided for men and women, except where and so far as they are provided in a room the door of which is capable of being secured from inside and the facilities in each such room are intended to be used by only one person at a time.

(3) Paragraph (2)(h) shall not apply to facilities which are provided for washing hands, forearms and face only.

Subsection 3 is obviously the loophole here. The only way around it that I can see would be to argue that washing facilities are also needed for washing mooncups/underwear etc. which aren't covered under the "hands, forearms and face" exception. Otherwise the regulations don't really have much to go on.

Your best bet is to go for the equality impact - sex, religion and disability. Presumably a public sector organisation (you don't mention if you are public, private or third sector) has to complete an EIA.

If all else fails then go for dirty tactics. When a senior male emerges from the toilet to wash his hands, just stand there merrily with bloody mooncup in hand and engage him in conversation. See how long it takes for him to faint, come to and order things back.

YourSexNotGenderIsOnFire

I’m just going on what is in the building I work in which is a massive (quite famous) office building so I’d be completely astonished if they’ve set the toilets up illegally.

The way ours are is a door off the lift area leading to a narrow corridor/ room off which there are about 20 little tiny areas (10 each side) with a toilet, sink and bin in them.

The only way they seem to me to differ from “normal” cubicles is they are completely floor to ceiling enclosed including at the door. No gap to put a phone but plenty of opportunity for a man to hide a camera while in there.

I hate them. I don’t like squeezing past male colleagues leaving the room, I don’t like that you could faint in one and be there forever with nobody noticing. I think you could be pushed into one from the usually deserted corridor space.

The only way they’re good is they are much better than standard set up for rinsing mooncups.

My ideal I think would be women only loos with cubicles with gaps but sinks in the cubicles.

They did it in a massive new building commissioned for my work, cubicals with sinks, it lasted under a month and now there are 3 types of loos, male/ female and neutral

Everyone didn't like the shared loos - fed it back and it was changed

Ours are part of the shared landlord run space so I can’t imagine we’d manage to change them. Good to know you did though!

I don't think the Equality Act 2010 of the Public Sector Equality Duty of having to do Equality Impact Assessments applies in Northern Ireland.

The only way they seem to me to differ from “normal” cubicles is they are completely floor to ceiling enclosed including at the door.

Are they sealed to the floor and ceiling? If so, that would suggest they are rooms to me. The key is whether they are a structure within a room or a separate room. I just raise this as a "hopefully this will cause so much hassle that they drop it" type of issue.

I hate them. I don’t like squeezing past male colleagues leaving the room, I don’t like that you could faint in one and be there forever with nobody noticing. I think you could be pushed into one from the usually deserted corridor space.

I think the collapsing and being left unnoticed is the point to do with for the OP. To make unisex toilets legal they need floor to ceiling self contained rooms but this automatically makes people unsafe. If they take ill, heart attack, fainting etc they are trapped and no one can see them or know they are there. Push this point OP.

Poster above is correct the Equality Act 2010 doesn't apply in Northern Ireland.

I'm no expert in NI law but it looks like you need to quote the Sex Discrimination (Northern Ireland) Order 1976 and the Fair Employment and Treatment (Northern Ireland) Order 1998 (in respect of religion) instead of the Equality Act 2010.

For fucks sake, why not just offer one or two unisex toilets, for those that don't care, and keep the others as single sex?
My workplace recently had building work, so now we have four private cubicles with basins, leading off from the office instead of 2 single-sex facilities. We lost some cubicles, but this is better all around- for privacy and safety etc.

“ I’d be completely astonished if they’ve set the toilets up illegally.”

I’m not saying you’re wrong, I have no idea how things work over there, for example if they have an inspector come to check and sign the works off but I’ve been surprised how some things work, in that, companies try and get away with things (generally, not building work specifically) and it’s only if there are complaints afterwards, that things get investigated, rather than it being checked prior to release.