Updated Draft Letter (for Great Britain / England & Wales)
[Your Full Name]
[Your Job Title]
[Your Department, if applicable]
[Your Contact Details]
[Date]
[Employer’s Name / HR Manager’s Name]
[Company Name]
[Company Address]
Subject: Request for Written Confirmation of Policy on Use of Single-Sex Toilets, Changing Rooms and Showers [EDIT AS APPROPRIATE]
Dear [HR Manager’s Name / Sir or Madam],
I am writing to seek written confirmation of the Company’s policy regarding the use of male and female toilets, changing rooms and showers in our workplace.
Recent case law makes clear that employers can lawfully adopt and apply a policy that female facilities (toilets, changing rooms and showers) are available only to biological women and male facilities only to biological men, and that doing so satisfies the requirements of the Workplace (Health, Safety and Welfare) Regulations 1992.In the High Court case of R (on the application of the Good Law Project and others) v EHRC [2026] EWHC 279 (Admin), Mr Justice Swift held (at paragraph 40):
“If the obligation under regulation 20 is as I have concluded, an employer who provides the lavatories required in the rooms required, and who in good faith adopted and applied a policy that the female lavatories were available only to biological women and the male ones only available to biological men, would do what is required by the Regulations.”
This passage was quoted with approval in the recent Employment Tribunal judgment in LS v NHS England (Case Number: 1802318/2024). In that case, the Tribunal upheld the claimant’s complaint of indirect sex discrimination arising from the employer’s policy of permitting biological males who identify as women to use female toilets, changing rooms and showers.
The Tribunal’s findings confirm that failure to provide and maintain genuine single-sex facilities in accordance with the Workplace Regulations constitutes unlawful discrimination on the grounds of sex. The employer in that case now faces a remedies hearing at which significant damages are expected to be awarded. In LS v NHS England, the Tribunal expressly addressed the common situation where employers rely on external guidance:
“170. [The employer's representative] submitted that the respondent, along with many other employers, was applying the Act as it understood it at that time. [The employer] gave evidence that the respondent relied on the advice of external bodies, including Stonewall, UNISON and other trade unions, in addition to feedback from its staff network. [...]
171. However, reliance on contemporaneous guidance or good practice advice cannot justify an incorrect interpretation of the law. Employers must seek their own legal advice and ensure that they are applying the law correctly.”
In light of this developing case law, I respectfully request that the Company confirm in writing whether it has adopted (or intends to adopt) and will apply a policy that:
Female toilets, changing rooms and showers are designated for and available only to biological women; and
Male toilets, changing rooms and showers are designated for and available only to biological men.
I believe such a clear policy provides certainty and protection for all staff, respects the privacy and dignity of employees (particularly women), and ensures full compliance with the 1992 Regulations and the Equality Act 2010 as interpreted by the courts. I would be grateful to receive this confirmation at your earliest convenience. I am happy to discuss this further if required.
Yours sincerely, [Your Full Name]