https://www.equalityhumanrights.com/en/advice-and-guidance/separate-and-single-sex-service-providers-guide-equality-act-sex-and-gender
'If you have met the conditions set out above and have established a separate or
single-sex service, you should consider your approach to trans people’s use of
the service. In considering your approach and when taking decisions you must
meet the conditions set out under the gender reassignment provisions.
Under these provisions, your approach must be a proportionate means of
achieving a legitimate aim. This will depend upon the nature of the service and
may link to the reason the separate or single-sex service is needed. For
example, a legitimate aim could be the privacy and dignity of others. You must
then show that your action is a proportionate way to achieve that aim. This
requires that you balance the impact upon all service users.
Example: A group counselling session is provided for female victims of sexual
assault. The organisers do not allow trans women to attend as they judge that
the clients who attend the group session are likely to be traumatised by the
presence of a person who is biologically male.
Example: A domestic abuse refuge offers emergency accommodation to female
survivors. Feedback from survivors indicates that they would feel uncomfortable
sharing accommodation with trans women for reasons of trauma and safety. The
provider decides to exclude trans women from the refuge. It compiles a list of
alternative sources of support in the local area which can be provided to trans
women who approach the centre for help.
Example: A leisure centre introduces some female only fitness classes. It
decides to exclude trans women because of the degree of physical contact
involved in such classes.
Example: A gym has separate-sex communal changing rooms. There is concern
about the safety and dignity of trans men changing in an open plan environment.
The gym therefore decides to introduce an additional gender-neutral changing
room with self-contained units.
Separate and single-sex service providers: a guide on the Equality Act sex and gender reassignment exceptions
Example: A small cafe with limited space and facilities for public use has
separate lockable, self-contained male and female toilets with hand basins in
single units. To ensure they are fully inclusive, and to make the most effective
use of the available facilities, the cafe decides to make them all gender neutral.
Example: A community centre has separate male and female toilets. It conducts
a survey in which some service users say that they would not use the centre if
the toilets were open to members of the opposite biological sex, for reasons of
privacy and dignity or because of their religious belief. It decides to introduce an
additional gender-neutral toilet. It puts up signs telling all users that they may use either the toilet for their biological sex or to use the gender neutral toilet if they feel more comfortable doing so.
If the toilets you provide for service users are also used as staff toilets, you will
also need to take account of the Workplace (Health, Safety and Welfare)
Regulations 1992 which require employers to provide a certain number of toilets
and to provide separate toilet and washing facilities for men and women in some circumstances. Guidance can be found on the Health and Safety Executive
website.
Separate and single-sex service providers: taking decisions
When taking decisions, you should consider the following:
- Treat all individuals with dignity and respect
When making and applying decisions, treat all individuals with dignity and
respect.
- Be aware that trans people may need access to services relating to their
biological sex.
Example: A trans man is refused an appointment for breast screening and is told
that screening is provided for females only. This is likely to be unlawful.
In such cases, discuss with the trans person the best way to enable them to
access the service that meets their needs.'