Why toilets matter!
The suggestion in Kelly's and in Peggies case is that toilets are pretty much the same for men and women and you get undressed to the same extent. Aside from a long diatribe on jumpsuits, formal dresses and trying to pee in wedding dresses I wanted to see if could articulate why women need more privacy at the toilets.
139 MK stated in evidence that women by reason of menstruation, pregnancy (or lactation) and menopause have greater need of privacy than men when using the toilet and washing their hands
There was no evidence beyond MK’s own testimony that women experiencing menstruation, lactation and menopause sought greater privacy in the toilets than women who were urinating or than men who were defecating.
My view is this an appealable point as men do not require the level of privacy women do.
Consider men actually use public urinals. There is no equivalent for women.
Men use the loos mostly to pee, otherwise to poop. Its a binary use. Any other use isn't suitable for work. And in the vast majority of cases men will stand to urinate. Women need privacy from men while washing their hands while using the toilet or in the general space of the toilet room. Women's bodies and functions are markedly different to men's.
Every single time a women has to urinate she has to remove all her clothing on her bottom half to expose her labia and rectum area.
Women at work will be managing menstruation. Later comes age related menopausal flooding. In many of these cases women need privacy to change their clothes and need privacy to navigate between toilets and sinks.
If women use menstrual cups, emptying in toilet and rinsing in the sink is common. The Workplace Regs ensure that sanitary disposal in stalls but they didn't consider impact of moon cups/ re-usable sanitary wear. Sinks are required for this use.
Statistically women are more likely to urinary tract infections (UTIs) due to anatomy, leading to frequent urination and discomfort. https://pmc.ncbi.nlm.nih.gov/articles/PMC8077804/
Women are more likely to suffer from IBS and require frequent access to loos in an emergency - https://pmc.ncbi.nlm.nih.gov/articles/PMC2693852/
In the UK more than 1.5 million women suffer from endometriosis. This causes painful periods that interfere with everyday life, havy menstrual bleeding, pinful bowel movements/when having a poo, pain when urinating/peeing. https://www.endometriosis-uk.org/what-is-endometriosis
The Workplace Regulation 1992 was enacted to provide separate sex toilet provisions. The later Eq Act 2010 layered over another element of protection for pregnant and maternity protection, Schedule 22 of the EqA (this can only be afforded to biological women). A trans identified male cannot ever require additional protection that this affords. And he can never be afforded the rights under Sch 22 pregnancy and maternity.
Toilets are a significant space for women who are pregnant or in their maternity period. So even if the Judge came to the view that the sinks can be mixed sex within the wider toilet room they then need to view that decision through the Schedule 22 lens.
It is within judicial knowledge that women may require to use toilets as the only private space to undertake activities that are related to pregnancy and maternity within the workplace.
Women who are seeking to get pregnant may endure long periods attempting to get pregnant via IVF and require somewhere to carry out daily injections. Other women may be using ovulation predictor kits to assess when fertile for a successful pregnancy. Women have specific dates and times for pregnancy tests for use under IVF and that may well need to be scheduled during a work period.
Women often experience spotting or bleeding during pregnancy. When women start experiencing a miscarriage, the experience vaginal bleeding which is often accompanied with sudden pains and contraction like sensations. The toilet is where women go to investigate what is happening & navigate concerns about potential miscarriage.
Women have done and continue to experience miscarriage at work. 25% of pregnancies end in miscarriage and can happen at any time. With some 250,000 miscarriages – one in four pregnancies – occurring in the UK each year, most workforces have staff that have been or may be affected. (https://www.wihb.scot.nhs.uk/wp-content/uploads/2020/03/Miscarriage-and-the-Workplace-1.pdf)
This is why women suffer direct discrimination if bio men are allowed to use the ladies, compared to bio women using the mens. And why the sinks need to be included in the envelope of the toilet space as they are essential to women's privacy.
Anyone else care to add to the list?