If women lie down and do Nothing No one will be charged
That's not rocket science
The same goes for most offences
Definition of Harassment: Under Section 26 of the Equality Act, harassment occurs when someone engages in unwanted conduct related to a protected characteristic (like sex) that has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. 1, 2, 3]
When Does it Become Harassment?
Unwanted Conduct: Because women have a reasonable expectation of privacy and a right to male-free spaces in sex designated areas, a biological male simply entering and remaining there is usually "unwanted conduct". 1, 2]
Hostile Environment: If the presence is intimidating it clearly crosses the line into unlawful sexual or sex-related harassment. 1]
Liability for Businesses and Employers
Workplace Rules: The Workplace (Health, Safety and Welfare) Regulations 1992 strictly mandate that employers provide completely separate changing facilities for male and female employees. 1]
Employer Responsibility: Employment tribunals have ruled that forcing female staff to share a communal changing area with a biological male (regardless of their gender identity) can amount to both unlawful harassment and indirect sex discrimination against the female employees. 1, 2]
Summary
While simply being in the wrong room by accident may not lead to a formal harassment charge, a man intentionally using a women's changing room generally breaches the lawful single-sex exemptions relied on for women's privacy and dignity. If the presence causes fear, violates dignity, or is part of a company policy forcing women to share, it can be legally challenged as harassment or discrimination.’
( so shops like M&S can be challenged for a policy in violation )
It is unreasonable to expect all women to declare they would feel harassed
It is unreasonable to question women before they go into a changing facility if a man is in their
It is unreasonable to expect women to wait outside for the man to leave
It is
perfectly reasonable and
within the law
to provide men and women with their own spaces
As a pp has noted in previous cases it has been stated by judges the presence if a man in a women only space violates womens sex based rights.