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Feminism: Sex and gender discussions

Nightmare proposed trans policy at work

107 replies

GCWorkNightmare · 14/11/2022 08:48

Work are consulting on a new trans and non-binary support policy. Policy states that trans people have the right to use whichever toilets and changing rooms they like and that anyone objecting should be educated and offered to use different facilities if they still object. When I queried it I was told that the Landrover case confirmed this as law.

Pointed out that this discriminated against women of some religions, victims of VAWG etc but they’re holding firm.

Can anyone give me info/links to refute this?

They also want a category of special leave without limits for trans people.

We are a National non-unionised company.

OP posts:
IcakethereforeIam · 14/11/2022 12:42

It was a few posts about a reddit thread re. Women using a different changing room rather than the female one with the tw. I think it was in Norway. Then there were posts a couple of days ago about not putting tw in private rooms rather than female wards because genderwoo. Any woman who complained was to be told there were only women on the ward. I presume by someone who smiled too much, didn't blink enough and stood too close.

burnoutbabe · 14/11/2022 12:53

saleorbouy · 14/11/2022 12:15

In my workplace the separate toilet cubicle with it's own wash facilities is for access to all. i.e mobility impaired, all gender. The other facilities are segregated as male or female.
It seems to work fine, a private space for all.
Since workplaces must offer mobility impaired facilities I'm sure your workplace could adopt this route without significant disruption and with everyone's needs in mind.

But then the disabled facilities aren't as available for disabled people? That doesn't seem very fair.

BellaAmorosa · 14/11/2022 12:55

@Helleofabore
Staggering that an employer/HR department could be so paralysed with fear.

MrsOvertonsWindow · 14/11/2022 13:02

The micro aggression aspect was discussed on here back in 2019. The civil service showcased their version of coercive control of women by lecturing them about the required facial expressions and body language that were required from any women who encountered a man self identifying as a woman in any women's facilities - toilet, changing room, showers etc.

www.mumsnet.com/talk/womens_rights/3520371-civil-service-trans-policy-what-can-i-do

BellaAmorosa · 14/11/2022 13:04

FusilliFettler · 14/11/2022 12:04

OP I am going through this at work at the moment. I’ve sent an email to HR asking if they have done an Equality Impact Assessment. Then ask if they had considered the impact of women especially minority religious women. I also sent them resources from the Sex Matters website.

They are going to review and come back to me.

Well done for bringing it up.

ZandathePanda · 14/11/2022 13:06

AnnaBegins · 14/11/2022 10:02

As an aside, what JLR did quietly in response to that case was to refurb all the toilets to be unisex individual cubicles with lockable floor to ceiling doors with each cubicle containing a separate sink, mirror and hand towels etc, so in effect individual bathrooms. Really helped as trans colleagues couldn't complain as they could use any toilet, but feels super safe as a woman (there are big airy "entrances" to the toilet areas). So unless your workplace is prepared to provide something similar, they should really rethink!!

This isn’t supersafe. It’s unsafe to many women who have epilepsy, particularly catamenial epilepsy. Gaps at the bottom of toilet doors let people know if someone has collapsed and more likely to prevent something unsafe happening (sexual assault, drug use).

BellaAmorosa · 14/11/2022 13:10

@RoyalCorgi
I don't think that the EA is unclear as to whether single sex means single sex and whether opposite sex transpeople can be excluded from those spaces or services. Both the former AG Suella Braverman and the EHRC confirmed those points. Not to mention the Inner House decision in the case of the Scottish census about the meaning of woman in the EA2010. Stonewall law is misinterpreting and the SNP administration in Scotland is challenging, but unless and until their interpretation is backed by a higher court, the meaning of SS, woman or man is clear.

DrDinosaur · 14/11/2022 13:28

Absolutely, the EHRC link in my post above clarifies that there is no general 'right' for trans people to access single sex facilites when their exclusion can be justified for reasons of privacy, dignity or safety.

So pretty much anywhere where sex actually matters - eg toilets, changing rooms, sports, prisons - all males can legally be excluded.

The problem now is that many so many people believe in Stonewall's misrepresentation of the law, or actually believe in trans ideology, so companies/organisations are not using the exemptions.

Because toilets at work are covered by Health and Safety at work, you DO have a right to single sex toilets.

oakleaffy · 14/11/2022 13:32

Plasmodesmata · 14/11/2022 09:23

Special leave without limits? How will they check that the people applying for this are "really trans"?

This is insane.
People will be self ID ing just to get the special leave.
Surely that isn’t fair on non trans workers?

FusilliFettler · 14/11/2022 13:56

@BellaAmorosa thank you. If we all politely stand up to this and ask HR to do their fucking job properly we’ve got half a chance of stopping this batshittery. It’s no good just complaining on here anymore, we’ve got to speak up.
If not now, when? And if not you, who?

ZooTropia · 14/11/2022 14:29

Plasmodesmata · 14/11/2022 09:23

Special leave without limits? How will they check that the people applying for this are "really trans"?

In all honesty, I've never met a trans person where I've thought they were not a trans person. And, they usually tell you !

BellaAmorosa · 14/11/2022 14:50

@DrDinosaur , @RoyalCorgi
I forgot to address directly@RoyalCorgi 's point about GRCs!
The position is that if a space or service is declared SS, anyone of the opposite sex can be excluded, transpeople included. If a transperson has a GRC, they may also be excluded if that would be a proportionate means of achieving a legitimate aim (eg dignity, privacy or safety). So the bar is higher but exclusion of opposite sex transpeople with a GRC from SS spaces or services is legal.

BatCheeseIsFine · 14/11/2022 15:05

They also want a category of special leave without limits for trans people.

What!? Who wants this, the actual workplace? That takes "didn't think that through" to a whole new level doesn't it...

anyone objecting should be educated and offered to use different facilities if they still object
So that suggests there will be different facilities for people who want same-sex-only facilities - I'd ask them to clarify that. As discussed below, if this "education" means telling you you have to be subjected to males in your female space and also not leave the space because that's transphobic or mean, that's basically making a rule that women have to let men share space with them - which you can challenge. But if you can be offered an alternative, that means you can have a women-only space presumably. They probably haven't thought that through either though.

2bazookas · 14/11/2022 15:06

If I worked for an organisation like that, I'd be organising every woman to exclusively use the mens toilets. Preferably the Executive facilities.

You'd soon find that men don't like their privacy being stolen from them.

MichaelFabricantWig · 14/11/2022 15:19

senua · 14/11/2022 09:30

I have never heard of the Landrover case so I looked it up. It was a ruling in 2020. There has been water under the bridge since then (eg that EHRC document mentioned above is dated 27.04.22). Is your HR department fully up to date?

It was also only an ET decision so not legally binding

KittenKong · 14/11/2022 15:25

PearlclutchersInc · 14/11/2022 11:31

What'll end up happening is that the disabled accessible loos will be the default thereby disadvantaging disabled people who are the group whose physical needs should trump them all.

Oh like in the British Genius Site in Battersea park? Mens, ladies and disabled/weird Batman icon.

gogohmm · 14/11/2022 15:40

Why can't there just be a "I don't fit into category" toilet/changing room afterall I doubt there are large numbers.

I'm guessing the special leave is for surgery as strictly speaking it's not sick leave (most orgs don't give paid time off for plastic surgery) I don't have an issue with that myself as I have respect for those who feel that strongly to transition.

Hooverphobe · 14/11/2022 15:48

“dear line manager

in light of recent policy change, I’m now delighted to reveal I’m trans.

you probably already knew this because I’ve worn trousers, can drive a “stick” and my specialist subject is databases.

I didn’t mention it before due to persecution and micro-aggressions.

see you august!”

Redup · 14/11/2022 15:49

"educated" wow

Mirabai · 14/11/2022 15:49

anyone objecting should be educated and offered to use different facilities if they still object.

You might also query, OP, whether anyone objecting to women’s preference for single sex toilets will be “educated” and offered different facilities?

TumbleFryer · 14/11/2022 15:51

DrDinosaur · 14/11/2022 09:27

We really need some sort of women’s legal service to deal with this sort of nonsense. If any lawyers wanted to set this up I’d be delighted to help crowdfund.

IANAL, but I’d refer them to the Health and Safety at work Act Regulation 20, provision of sanitary conveniences www.hse.gov.uk/contact/faqs/toilets.htm
Ask how they are planning to offer you a women only toilet (‘woman’ in the Act clearly referring to sex).

I understand the Jaguar Landrover case was in a lower court so did not set precedent, so it’s not relevant.

They are misinterpreting the Equality Act if they think it obliges them to allow a trans identifying male to use female facilities - they are allowed to invoke an an exemption for reasons of privacy and dignity. The EHRC guidance is here:
www.equalityhumanrights.com/en/advice-and-guidance/separate-and-single-sex-service-providers-guide-equality-act-sex-and-gender

(As I said I’m not a lawyer so I don’t know if this bit of law is strictly relevant as I don’t know if workplace toilets count as a service, but it’s good to read it to counter the widespread and incorrect Stonewall interpretation of the law).

I would also remind them that there is no hierarchy of protected characteristics, so they are obliged to consider the interests of women and people with protected beliefs (eg Muslims and Gender Criticals), as well as trans people.

Hopefully a lawyer will be along soon with more advice.

This would be amazing. It could be the GC version of Pregnant Then Screwed.

NewsnightThumbs · 14/11/2022 15:59

Hooverphobe · 14/11/2022 15:48

“dear line manager

in light of recent policy change, I’m now delighted to reveal I’m trans.

you probably already knew this because I’ve worn trousers, can drive a “stick” and my specialist subject is databases.

I didn’t mention it before due to persecution and micro-aggressions.

see you august!”

Grin
QuebecBagnet · 14/11/2022 16:02

They also want a category of special leave without limits for trans people.

well I would identify as trans and have a year off. 😂

Crosswithlifeatm · 14/11/2022 16:03

I would ask what the seperate facilities are or use the men's.
If the Tws are safely in the ladies and all the women use the men's (slap a gender neutral sticker on the door)Things may change if the men complain enough.

Dreikanter · 14/11/2022 16:11

It's the Workplace (Health, Safety and Welfare) Regulations 1992 that state that for toilets:

^separate rooms containing [sanitary] 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.^

I think further clarification in other ACOPs now means that the separate room should contain both the toilet and hand washing / drying facilities/