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Feminism: Sex and gender discussions

Trans women and female toilets

16 replies

greyinganddecaying · 09/03/2022 10:55

I've just been told that trans women should be able to choose whether to go in either the male or female toilets at work.

The toilets are not floor-ceiling doors/walls but regular cubicles, if that makes a difference.

Is there any legislation on this or do I (and the other women) just have to put up with it ?

OP posts:
Ereshkigalangcleg · 09/03/2022 11:01

Don't do what I did and Google "workplace toilet sex" Confused

https://worksmart.org.uk/health-advice/where-you-work/toilets-and-washrooms/does-my-employer-have-provide-separate-male-and

https://www.legislation.gov.uk/uksi/1992/3004/regulation/20/made

(c)
separate rooms containing conveniences are provided for men and women except where and so far as each convenience is in a separate room the door of which is capable of being secured from inside.

Ereshkigalangcleg · 09/03/2022 11:03

Most TW are legally male/men. They need to revise their facilities if they want them to be mixed sex,

greyinganddecaying · 09/03/2022 11:58

Thanks - so it sounds like if they have a GRC trans women are legally allowed to use female toilets, is that right?

OP posts:
Floisme · 09/03/2022 12:05

My understanding is that, even if there is a GRC, an organisation can still legally invoke a single sex exemption, providing it's a proportionate means to a legitimate aim (I hope I've got the wording right). I think the issue is that too many organisations are too nervous to use the exemption. Hopefully someone else can confirm or correct that.

Artichokeleaves · 09/03/2022 12:06

Worth looking up the many threads here on this for all the links and law quoted in them.

Essentially providing a TW with their preferred accessible loo does not mean that the organisation can remove accessible loos from females who cannot access mixed sex spaces. Other people have rights too. Advice suggesting that the only interests and access to be met are those of male people wishing to be in female spaces, and either oblivious too or dismissive of the accessibility and easily predictable needs of female people, generally have been advised by a biased source, often a political lobby group, unqualified in eight of the nine protected characteristics, and with a tendency to interpret the law in controversial ways. Employers would be stupid not to take advice from a wide range of sources and ensure that their practice does not discriminate directly or indirectly against female employees and that all access needs are equally valued and met.

Ereshkigalangcleg · 09/03/2022 12:16

My point was that even leaving aside the Equality Act, any mixed sex toilets need to be suitable and not just the same stall toilets as single sex ones. It's considered a matter of workplace health and safety.

Thelnebriati · 09/03/2022 12:20

@greyinganddecaying

Thanks - so it sounds like if they have a GRC trans women are legally allowed to use female toilets, is that right?
No; anywhere you would expect to be single sex for reasons of biology or privacy should be single sex;

(6)The condition is that—
(a)the service is provided for, or is likely to be used by, two or more persons at the same time, and
(b)the circumstances are such that a person of one sex might reasonably object to the presence of a person of the opposite sex.
www.legislation.gov.uk/ukpga/2010/15/schedule/3/part/7/crossheading/singlesex-services

Linguini · 09/03/2022 12:32

Tell your work to install urinals in the women's loos then, if a transwoman is choosing to use them.

Or suggest the male loos with urinals is more "inclusive" to transwomen, so idk maybe they could have some pink loo roll and posh hand cream at the sinks?

DomesticatedZombie · 09/03/2022 12:37

Regardless of legal issues, it would be fair to make a complaint to make the point that women want women's toilets to be for women only.

I have no desire to use a toilet with a male in it, regardless of how this person dresses or acts.

Ereshkigalangcleg · 09/03/2022 12:39

Agree with this, DomesticatedZombie. Make the complaint that it's a violation of your privacy and dignity.

DomesticatedZombie · 09/03/2022 12:58

I agree, too, that Linguini's suggestion that the male toilets be made more inclusive is far preferable.

oldwomanwhoruns · 09/03/2022 17:15

Great advice above OP. Hold to your Privacy and dignity. The GRC has not magically changed the sex of anyone.

Watch out if your workplace are Stonewalled (or similar). They will have told your firm that anyone can use the wcs that suits their gender, in law. But this is their interpretation of the law, not the law.
Apparently the ' proportionate means' in the EA have never actually been tested in court. So hold your ground, say that it is b**y proportionate, and a male uses your loos over your dead body. Grin

KittenKong · 09/03/2022 20:03

Can use either? That’s makes no sense at all - if you demand to use a particular sex loo because (whatever) then how can you then demand to use the other?

Some people want to have their cake and eat it.

Ereshkigalangcleg · 09/03/2022 20:29

Unlike most service providers workplaces are bound by stricter rules governing male/female/mixed sex toilets as it is covered by health and safety law as well.

HermioneWeasley · 09/03/2022 20:32

Building regs say that single sex toilets must be provided in the workplace. If the trans woman in question has a gender recognition certificate, this has not been tested, but most don’t

Olderbadger1 · 09/03/2022 21:22

This also discriminates against the PC of religion since women of some religions are not permitted to use mixed-sex spaces.

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