My employer has just removed single sexed toilets to be more inclusive!

[Dhama]

In light of the SC ruling. Wtaf

Previously we had men, women and a unisex accessible toilet. They have now, in the guise of being inclusive, removed all signage and all are mixed sex.

The toilets are all individual, lockable with washing facilities included but that’s not the point. I hate using a toilet after men have been in there fgs.

We are a LA so unsure what the provisions are in other offices across the county.

I have emailed the head of facilities but not sure if I can do anything else.

am so cross

I don't think that's legal. Employers are obliged to provide single sex facilities under the Workplace (Health, Safety & Welfare) Regulations 1992. Take a look at the legal guidance below from solicitors Irwin Mitchell:

From the link below that (although aimed at retailers) covers employer's legal responsibilities:

"Mixed sex facilities may indirectly discriminate against those women who need single sex facilities for their privacy, dignity and autonomy. That might be for religious or cultural reasons or because they want privacy when they are menstruating. It may also be direct sex discrimination..."

www.theretailbulletin.com/retail-solutions/legal-do-retailers-have-to-provide-single-sex-toilets-and-changing-rooms-for-their-customers-and-staff-19-05-2025/

That is legal.

https://www.lewissilkin.com/insights/2025/04/26/equality-watchdog-guidance-on-single-sex-facilities

“The EHRC guidance that it “is compulsory to provide sufficient single-sex toilets” could be misconstrued.
Health and Safety regulations say that separate toilets for men and women are required “except where each toilet is in a separate room lockable from the inside”. A fully mixed-sex toilet provision is allowed under these regulations, provided they meet these conditions. If you have toilets which are not in separate lockable rooms, then the health and safety regulations say that you must have separate provision for men and women.
”

Are they fully enclosed with a sink and drying facilities inside the cubicles. If not I don't think that is legal

That only relates to when more than one person is using the facility at the same time.

We have mixed sex toilets at at work and always have done. There is one toilet on each floor and they are fully enclosed with sink in the same way as a disbled toilet might be.

That’s annoying but I think legal.

I used to work for an office that had the loveliest toilets lol all individual lockable with their own sinks and smelt nice but they still were labelled male and female which I appreciated.

Yes they are in our office.

I’ve looked at the guidance etc, and Document T states that single sexed toilets should be the default unless space constraints prevent it. In our case we already had 3 toilets, 1 of which was mixed sex.

Surely 1 of those should remain single sex?

If they are enclosed fully then they are fulfilling their obligations.

Fully enclosed lockable individual toilets are far less safe than single sex spaces with door gaps. Only providing those may amount to discrimination against people with disabilities that leave them vulnerable to a medical incident l, eg people with diabetes or epilepsy.

Additionally, they expose women to having to use toilets that have been made disgusting by men pissing everywhere but the toilet bowl.

Really uncool of your employer, OP. How incredibly lazy of them to throw women and those with medical conditions under the bus like that.

We had these and the issues with cleanliness and hygiene were awful. Got so complaints were daily.

I have to share a toilet with patients and staff. It's vile. It's either smeared with shit from sick elderly patients or the men have pissed all over the floor and seat. This is a daily occurrence. Quite honestly despite my terf credentials I'd sooner share my toilet with a trans woman than have to hold my bladder day after day because of this disgusting situation. Maybe that's what they want.

If you do have to use, or avoid using, a toilet that is dirty, OP, complain loudly to your manager Also, email HR with your complaint and asking how the toilets will be kept clean during working hours. No-one can accuse you of being anything -phobic, you're complaining about hygiene and an acceptable working environment, or lack thereof.

Also, I do hope there are sanitary waste bins in all the toilets.

That's this Lewis Silkin who changed their advice but still identified as not being wrong?

https://www.rollonfriday.com/news-content/exclusive-law-firms-get-sex-muddle-over-supreme-court-verdict

Unfortunately OP I think it's a grey area. Might be worth asking why you previously had single sex at all? What was the justification for single sex provision previously, and what has changed since then?

We are moving to a new office and we have this issue. I have raised this too. Our office is 78% men and when I see emails about not smearing faeces on the wall I know I never want to share any facilities with them. They already use the disabled toilet as the poo toilet but it's causing a lot of stress thinking about having to share and also brush my teeth in a single cubicle that smells.

I will check out the sanitary bins too.

It’s all incredibly frustrating, no one is happy about it either, men or women, but for different reasons 😕

What kind of place do you work in?! Smearing faeces on the walls?

I’ve worked in offices where we had to share it with children and teen service users and not even experienced that!

Thank you all. I’ve sent an email, I’ll wait for a response and see what is said.

We have the same in one of our buildings and one brilliant woman put a big basket of sanitary protection in one of the three individual loos with a sign saying “Help yourself!” and now all the men go into the other two loos because they are scared of the big baskets of sanitary protection 🤣🤣🤣. So we have one nice clean loo with no pee on the seat/floor and the men all poo in the others which is fair because the workforce is 3/4 male.
No trans employees there though.

Trying to use provisions of the Equality Act to fix the problems with this particular workplace is like trying to hand out parking tickets to prevent arson.

Your employer needs to step up, step in, and take proper disciplinary action against anyone (most likely men, but anyone necessary) who fails to keep the facilities in a fit and proper state for other people to use. It really isn't anything about what the sign on the door says.

This decision is not lawful and needs challenging.

1. UK Supreme Court – For Women Scotland v Scottish Ministers (16 Apr 2025): the Equality Act’s protected characteristic of “sex” means biological sex, so women remain a distinct legal class whose privacy must be respected.
2. EHRC interim guidance (26 Apr 2025): workplaces must still provide sufficient single-sex toilets; mixed-sex facilities can only be additional, not a replacement.
3. Workplace (Health, Safety & Welfare) Regs 1992, reg 20: employers must offer separate ladies’ and gents’ unless every WC is a fully enclosed, lockable room with its own basin.
4. Building Regulations 2010, Part T (in force 1 Oct 2024): single-sex toilets should be provided; universal cubicles are a supplement where genuine space limits exist.

What I'd do

Raise a formal grievance with HR and Facilities (copy in your union). Cite the legal breaches above, request reinstatement of clearly-labelled women’s toilets within 14 days, and state you will escalate to the HSE and, if necessary, the Employment Tribunal for indirect sex discrimination if the issue is not resolved.

Sample letter I'd send to HR:

Subject: Urgent: reinstatement of single-sex toilet provision – legal compliance & staff dignity

Dear [HR Manager],

I am writing as a female member of staff to raise a formal health-and-safety and equality grievance. Last week all women’s toilets were re-signed as “universal”, leaving no single-sex provision in this building.

1 . Legal position

• Supreme Court, For Women Scotland v Scottish Ministers (16 Apr 2025). The Court confirmed that the protected characteristic of “sex” in the Equality Act refers to biological sex. Employers must therefore recognise women as a distinct legal category.
• EHRC interim guidance (26 Apr 2025). Organisations should normally maintain female-only facilities; mixed-sex can be additional, not a replacement.
• Workplace (Health, Safety and Welfare) Regulations 1992, Reg 20. Separate sanitary conveniences for men and women are mandatory unless each toilet is an individual, fully-enclosed room with its own wash-basin and lock.
• Building Regulations 2010 – new Part T (in force 1 Oct 2024). Future refurbishments must provide reasonable single-sex toilets; universal cubicles are only allowed in addition or where space genuinely precludes separate ladies’ and gents’.

2 . Impact on women’s dignity & safety
The loss of a dedicated women’s facility compromises privacy, religious observance and personal safety. Several colleagues have already stated they avoid drinking water or extend “holding on” rather than use the new arrangement. This is a potential health risk and a form of indirect sex discrimination.

3 . Remedy sought

1. Reinstate clearly-signed female toilets (and male toilets) on each floor.
2. Retain or add universal/all-gender single-occupancy rooms as an extra choice, ensuring they meet lockable, fully-enclosed standards.
3. Confirm, in writing within 14 days, the timetable for compliance and the risk assessment covering privacy, dignity and health.

If these steps are not taken I will have to escalate the matter via our internal grievance policy and, if necessary, seek external enforcement through the Health & Safety Executive and the Employment Tribunal.

I look forward to your prompt response.

If they are fully enclosed then they are single sex as they can only be used by one person at a time - it’s a bit like toilets on trains, aeroplanes and Costa coffee shops!

I don’t see the problem if they’re all individual cubicles.

"Fully enclosed lockable individual toilets are far less safe than single sex spaces with door gaps"

Not really relevant her though is it? It appears that the op's employer has always had single occupancy lockable rooms which are now all labelled unisex....

"Workplace (Health, Safety and Welfare) Regulations 1992, Reg 20. Separate sanitary conveniences for men and women are mandatory unless each toilet is an individual, fully-enclosed room with its own wash-basin and lock."

Bit pointless for the Op to send this letter then..

Finance in London believe it or not and it's impossible to catch anyone as you can't have CCTV in the toilet. It's only happened twice but any is too much.