Uncomfortable with policies and not sure how to address it?

[HowToAddressThisWithoutRuiningMyBusiness]

NC for this one...apologies it's long!

I run a franchise business (swimming lessons - parents in the water so getting changed too, and older kids potentially changing alone). As such I'm bound by central policies, but HQ are also pretty good at listening to and addressing franchisees concerns.

Our policy is completely in line with self-ID, and was originally written after taking advice from Mermaids UK, but having looked I can't really find anything across the whole industry that doesn't support self ID (so Swim England/UK Active advice is all centered on supporting the transperson who wants to use the changing room of the gender they identify with). For an industry (and a company) who are obviously very hot on safeguarding there seems to be absolutely nothing addressing the obvious safeguarding concerns of letting a man use the ladies changing rooms.

We have actual guidance on the following:

1 How to support a 6 year old transgender child who wants to use the opposite changing rooms - "Fine because the guidance is that children under 8 can use any changing room".

2 How to support an 8 year old transgender child to use the changing room they identify with - "Fine because under the EA they can get changed in the room they associate with" - my understanding is that this is wrong if they don't have a GRC, and also WHAT THE FUCK, THEY'RE 6 AND 8 WHO IS TELLING THEM THEY'RE ONE THING OR ANOTHER?!?!?!?

3 An adult is transgender and wants to use the changing room they associate with - "Fine under the EA".

Also we're told that we can never insist on anyone using their birth sex changing room (it's in bold in the policy).

It also says, and I'm paraphrasing, that because of the EA if you had a transwoman parent in the changing room and a mum complained, the mum who complains may be asked to leave and stop swimming with us. "any discrimination will be dealt with in accordance to the EA"

They've just changed our database so instead of just choosing Male or Female when you sign a child up (so the automated emails refer to he or she), now parents can choose 'prefer not to say'. Again, our lessons are for children up to ten years.

I don't know what to do about this. I love my business and the brand, and don't want to do anything to harm my livelihood. They've taken advice (albeit from a batshit organisation) and have formulated a policy, and are clearly trying to be inclusive and lovely. To my knowledge we have no trans parents so I guess technically until a dad wants to go and get changed in the Ladies then there's very little actual risk (as in, no direct risk to a child in my care). I can't speak for the rest of the network (it's a national brand).

However, it makes me super uncomfortable for two obvious reasons.

1. We're even having a conversation about a trans 6 year old (and presumably need to use the correct pronouns etc if asked), so are by association supporting the TRA and self ID without a thought as to whether this is harmful for children
2. There's no acknowledgement whatsoever that someone who self IDs as the opposite gender might be a safeguarding threat to an unaccompanied child in a changing room?

I'm very nervous of bringing it up as I'm scared of being labelled transphobic, because it's clear nobody at HQ has had any of these discussions; they're all very busy mostly doing a great job and I'm worried they won't take the time to actually look into anything so I'll be labelled as a troublemaker. I can't literally can't afford to get on the wrong side of them. Plus we're part of and regulated by the wider industry, so while the national policies support self ID I'm pissing into the wind a bit?

So far I've been doing a lot of reading (quite a lurker on this board) to just try and learn to be as articulate as possible for when I feel able to say something, but I just don't know what else to do?

I guess I'm looking for advice, and also resources to give them to try and get them to think harder about it? But then unless the whole industry changes then they're not going to put their necks on the line are they?

Point 2: "under the EA they can get changed in the room they associate with" sounds completely backwards.
My understanding is that the Equality Act basically says 'It is completely legal to segregate things like changing rooms by sex.'
It doesn't specifically encourage segregating spaces or services by gender identity. Or religion. Or hair colour. Etc.

I do hope they are being very clear to all patrons that anyone can change in any changing room, as from your post it sounds rather as though the changing rooms might be labelled "Women" and "Men", or with symbols generally used to signal females and males, so some customers might assume that the changing rooms are split by sex and get a horrible shock!

your beliefs are protected. Now it seems we are all transphobic if we raise our concerns, so join the club. Your organisation has the right to exclude males from women’s facilities as it affects women and girls dignity and safety. Not enough organisations have been using the exclusion clause .

Maybe contact Sex Matters and see if they'd be prepared to contact the organisation directly about the mangling of child safeguarding and the law? As this is a national organisation they must have their batshit policies online. I think Sex Matters and other groups are quite sensitive to lone individuals who need protecting work wise from organisations.
Given that Mermaids are currently involved in a massive paedophile / safeguarding scandal, the idea that an organisation for children uses them for advice is dangerous. Especially where children are required to undress in "public places" like changing rooms.

sex-matters.org/

I agree - my understanding is that since sex (not gender) is the protected characteristic, so the statement is just plain wrong.

We hire pools (so teach in a roped off bit of a hotel pool, or hire a school pool) so don't control the facilities (and are bound by the policies of each venue too).

If we were to label the changing rooms (some private pools might just have two separate rooms and we'd stick a label up) it would be Male and Female, or whatever.

I agree - my understanding is that since sex (not gender) is the protected characteristic, so the statement is just plain wrong.
We hire pools (so teach in a roped off bit of a hotel pool, or hire a school pool) so don't control the facilities (and are bound by the policies of each venue too).
If we were to label the changing rooms (some private pools might just have two separate rooms and we'd stick a label up) it would be Male and Female, or whatever.

Thanks, I've been looking at the Sex Matters stuff and it's really helpful, but then the NSPCC stuff is all about supporting the child and using their preferred pronouns etc??

Maybe look at the guidance from sport england Guidance

they are very clear that you can be inclusive or fair but not both becsyse it disadvantages women & girls

swim england we’re captured early doors and the guy who wrote all their stuff to be all about the T and did women went on to try and get sport england to do same. Didn’t work

"I'm very nervous of bringing it up as I'm scared of being labelled transphobic". You will be. I'm sorry to say that is the world we live in, right or wrong (and I am not sure which it is).

Who is required to have insurance here, and what does it cover - does it cover mixed sex changing?

What if there is a clash between a facility and your parent org?

These are both important questions that as a franchisee you would be only sensible to raise

''It also says, and I'm paraphrasing, that because of the EA if you had a transwoman parent in the changing room and a mum complained, the mum who complains may be asked to leave and stop swimming with us. "any discrimination will be dealt with in accordance to the EA"

Not only is it legal to have single sex changing rooms but it is an offence to misrepresent The Equality Act, it can carry a fine of up to £5,000.

Loads of info in the explanatory notes here which are written in slightly less dense legal language than the Act itself, with links to the relevant clauses;

Section 112: Aiding contraventions
Effect
369.It makes it an offence, punishable by a fine of (currently) up to £5,000, knowingly or recklessly to make a false statement about the lawfulness of doing something under the Act.
www.legislation.gov.uk/ukpga/2010/15/notes/division/3/8

That's the tricky bit. We don't own the facilities we use, and to my knowledge don't have any men saying they're a woman so can they use the ladies changing rooms, so it's sort of a moot point and I'm sticking my head above the parapet for nothing? If that situation occurred it would be a very different story.

But then also the fact that the company is fully behind supporting a 6 year old boy who might identify as a girl makes me really uncomfortable.

By giving people who send an enquiry the option to 'prefer not to say' what their child's gender is is supporting the whole self ID bollocks, this is a new thing they've brought in so presumably someone at HQ is trying to be inclusive and kind, but I think it's really misguided

"Fine because under the EA they can get changed in the room they associate with" is incorrect advice. Single sex facilities like changing rooms are provided on the grounds of sex. Not gender identity.
So question the new policy on the grounds that Mermaids don't give impartial advice (they just lost the contract to advice The Tavistock Clinic), and that misquoting the Equality Act will leave your business vulnerable.

If you are uncomfortable raising it and the policies are public you could always say that a parent approached you and queried the policy, you then did your own research and found that they were justified in their concerns. These issues are in the public eye now.

Hi OP. +While I’m totally with you re a child’s gender identity, the bit I’d be most worried about is the possibility of a man being allowed to go into the girls’ changing room, knowing there will be U10 girls in there, getting undressed, quite possibly without any other adult present. You don’t need to know this is happening before it becomes a problem. By then it might very well be too late.

of course this could happen anyway, but your franchise’s policies mean it couldn’t be immediately challenged, and make the act of going/being in there acceptable.

This isn’t a problem with people being trans, it’s a problem of child safeguarding and opening a loophole for bad actors.

Thank you, this is the kind of clear language I need :)