Is my employer right about single-sex workplace toilets and changing rooms?

[Isthiscorrect123]

I've just seen an announcement on my work's intranet and honestly I don't know if what they're saying is correct or not, but either way it's disappointing that they have chosen to disregard women's safety.

They say the Code of Practice for single sex spaces applies to public facilities only, not those in the workplace so staff should use the toilets, changing rooms etc that match their gender identity.

They say this is a deliberate decision because they value LGBTQ+ staff. Of course all staff should be valued, but I'm annoyed that they're force teaming LGB with T on this issue, as people who are lesbian, gay or bisexual don't want access to opposite sex toilets (unless they're also trans) but by putting them together like that anyone who objects will likely be accused of being homophobic, rather than just having a justified fear of males in spaces where women may be vulnerable. Also, by allowing men to access women's spaces they're showing they don't value female staff.

We're told that if anyone raises any concerns to stay calm and state the company position.

The thing is, this doesn't directly affect me, this is a huge company with many different sites. Where I work is very small with very few staff and we just have a single toilet. I've been to some of the larger sites before for training before, but most training now is online so I'm unlikely to visit them again.

And because it doesn't directly affect me I don't know how or if I could raise the issue. It's just now I know I work for a company that has made a deliberate decision to put men's wants above women's needs, and doesn't care about women's safety or dignity.

Are they correct that workplace single sex spaces don't really need to be single sex?

They are right to say the Code of Practice for single sex spaces applies to public facilities only. However, they are bound by the Workplace Regulations 1992, which do mandate single-sex toilets and changing rooms.

They are incorrect. Workplace toilets need to be single sex. Transidentified staff should use the toilets that match their sex. not their self-identified 'gender identity'.

It's a shame they don't know about Workplace Regulations and are just virtue signalling to their trans-identifying staff about the EHRC guidance.

Everything you need is here: https://sex-matters.org/posts/category/publications/for-organisations-and-employees/

What the law says, and a template for you to raise this with your workplace.

Here's an easy-read version for those who find easy concepts hard to understand, like your employers: https://sex-matters.org/posts/publications/toilets-showers-and-changing-rooms-what-the-law-says-easy-read/

Here you go:

The Workplace (Health, Safety and Welfare) Regulations 1992
https://www.legislation.gov.uk/uksi/1992/3004/contents

Specifically:

Section 20 - Sanitary conveniences
https://www.legislation.gov.uk/uksi/1992/3004/regulation/20

Section 21 - Washing facilities
https://www.legislation.gov.uk/uksi/1992/3004/regulation/21

Section 24 - Facilities for changing clothing
https://www.legislation.gov.uk/uksi/1992/3004/regulation/24

Separate facilities for men and women, unless provided in a single lockable room for use by one person at a time.

You would think that organisations would be very wary of making such statements considering the most recent ETs. However because they are ETs they are not binding and only apply to that particular organisation. However saying that, future EATs (eg Peggie / NHS) may establish a legal principle that would be applicable across any employer. It’s unfortunate that it’s just a waiting game to see what happens but I guess that’s how the law works. I am not legal but this is what I have picked up.

Have a read of this article posted on another thread here. It brilliantly explains why the toilet issue is being used as a tool. Sounds like your work place has fallen into the trap. The question that should be asked is ‘what provision is your workplace going to make for transgender colleagues who require facilities?’ Then maybe have a conversation with them about materialism and idealism?
https://heartlandstribune.com/trans-rights-the-conjuring-trick-at-the-toilet-door/

Thank you so much for clarifying what the law is on SSSs in the workplace, and for all the resources.

The problem is that as their policy seems to be to state the company's position to anyone who objects, I'm worried I'll just get a "blah blah inclusive blah blah" response if I raise the issue.

Going to try to be brave though!

You don't need to go in all guns blazing, just point out what RoyalCorgi said: that although they're not bound by the EHRC Code of Practice, they are bound by the Work Place Regulations 1992. Send them a link to the main document, quote the 2 or 3 relevant sections, and ask if they are going to review their decision about gender identity being the determinant of which toilet etc to use, rather than sex.

This makes me so so mad. That you even have to do this is beyond a joke.

Could you go down the confused/please clarify route?

eg
Thank you for the info on toilets xxx date.
However I am somewhat confused. My understanding is that it isn't the EHRC guidance that is relevant to our situation but rather the Workplace Regulations.

My understanding is that the Workplace Regulations xxxx specifically sections a,b,and c state that ... need to be single sex.

<I would not want the company to end up getting sued (such as in the NHS Sandra Peggie case) for not following the law.> (may be a bad idea to include this?>

Please could HR check with legal and get back to me by Z date.

kind regards

This is of course the correct advice, but also, who on earth wrote this? How do they not know about the Health and Safety at work regs?

And because it doesn't directly affect me I don't know how or if I could raise the issue.

Your reason for raising the issue is that they are suggesting that they are ignorant of Health and Safety at Work regulations, which rings all sorts of alarm bells.

We're told that if anyone raises any concerns to stay calm and state the company position.

When they say 'anyone' do they mean staff or customers?

That's what confused me.

I thought it couldn't possibly be right that that supposedly SSSs could be used by the opposite sex in the workplace, but it's a huge company with a legal team so I thought the decision to allow people to choose based on gender identity must have been checked by lawyers before it was announced.

Maybe not, though. Or could there be a legal loophole somewhere that makes it okay?

There is no loophole, someone is being incompetent.

if you don’t feel able to raise it yourself, I would write anonymously to the HR director, the legal director/GC and the company secretary pointing out they are in breach of H&S regulations, which are of course criminal law.

I assume they mean staff and contractors as it only affects people working for the company.

Makes you wonder what other parts of H&S legislations they are are going to ignore…

I think one of the most concerning aspects of this entire shit show is how many HR and legal departments seem to regard both Employment law and H&S law as a pick and mix

As people have said, bring it up as a query and base it around not wanting the company to get into trouble.

You could put something about outside visitors may complain about.

But the truth is that many HR departments are very much bought and also linked to DEI, and many do not understand the law around what they are doing.

Its because many of the departments get their information form stonewall, mermaids and allosrts.
Who also have no idea about the law.

If schools are anything to go by.
As much as they can get away with before something goes wrong (or they get caught).

Well done for querying it, OP. And I'm sure I (and everyone else) totally understands why you don't necessarily want to raise your head above the parapet.

So absolutely send an anonymous letter quoting the health and safety regulations and mentioning a breach could likely be criminal.

And then just sit back and watch what happens.

Yes this - see GLP v EHRC case decided earlier this year.

Has to be single sex or they are discriminating against you.

I’m a lawyer no loophole

[Your Name]
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]
[Employer’s Name / HR Manager’s Name]
[Company Name]
[Company Address]
Dear [Employer’s Name / HR Manager],
Re: Provision of single-sex workplace toilets
I am writing to raise a formal concern regarding the current arrangements for toilet facilities at [workplace / site name] and to request that these be provided strictly on a single-sex basis in accordance with the Equality Act 2010.
Following the Supreme Court judgment in For Women Scotland Ltd v The Scottish Ministers [2025] (confirming that “sex” in the Equality Act means biological sex) and the subsequent High Court decision in R (Good Law Project & Ors) v Equality and Human Rights Commission (judgment handed down 13 February 2026), the legal position is clear. Single-sex facilities, including workplace toilets and changing rooms, may lawfully be restricted to people of the same biological sex. The High Court dismissed the challenge to the EHRC’s interim guidance and confirmed that sex-based provision of such facilities is lawful.
In practical terms this means:

• Women’s toilets should be for biological females only.
• Men’s toilets should be for biological males only.
• Where single-sex facilities are provided, allowing access on the basis of self-identified gender (rather than biological sex) is inconsistent with the statutory scheme and risks unlawful discrimination against service users and employees of the opposite sex (particularly women seeking privacy, dignity and safety).

Employers remain under a duty not to leave any employee without suitable facilities. Where necessary, this can be met by providing additional gender-neutral or single-occupancy options alongside properly single-sex provision. However, converting or operating the existing single-sex toilets as mixed-sex or “inclusive” facilities is not required by law and may itself give rise to discrimination claims. I therefore request that the company:

1. Reviews its current toilet policy and signage.
2. Ensures that designated single-sex toilets are reserved for use by people of the relevant biological sex.
3. Confirms in writing the steps that will be taken and the expected timescale.

I would welcome the opportunity to discuss this matter constructively. Please treat this letter as formal notification of my concerns under the company’s grievance or dignity-at-work procedures if that is the appropriate route. Yours sincerely, [Your Name] [Job Title / Department]