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?

I think it goes beyond just pick and mix... it seems that people feel that they can invent the law and there is no accountability / no comeback...

I think that is why we see Stonewall and Mermaids and others inventing law - they know full well what the real law is - it is easy enough to read for even non-lawyers - but they believe that they can get away with inventing their law and if they circulate it / shout about it enough it will become defacto behaviour (even if never actually law) - and we have seen a great deal of success over the years which is only now being dismantled

Report them to HSE. They can get fined £40k+.

Toilets and other facilities should be either single sex or fully self contained (basin in with the toilet and full length door) in smaller workplaces fully self contained is the norm

I think the problem is that health and safety teams who do know the laws have been placed at lower importance than DEI ones especially where they may have consulted stonewall law. And senior managers have not listened.

Health and safety people have also been made to feel they cannot speak up. Just like any other company function employees. It’s harder I would say for health and safety professionals as they know the 1992 regs and you can only grit your teeth as we all know what can happen otherwise. Still.

And the health and safety executive isn’t leading vocally - where are they on this? Where have they been?

Hence we have ordinary companies with self ID policies and saying they are waiting for “the guidance” and employees frustrated as the least we can expect is for employment and other laws to be applied correctly.

Have u got a union?

Thanks for all your advice and comments.

I think I'm going to go down the "worried the company could get into trouble for breaking the law" route.

Just thinking of the best way to word it.

Definitely mention the GLP v EHRC case because it constitutes specific case law on this issue.

Just bumping to lay some zombies to rest.

Good luck OP

Oh dear. I reported your account earlier for randomly bumping threads, after our zombie thread visitor😯

😃 Dim problemio.

I thought you'd been hacked. Sori

I agree. You can say you don’t think the policy they’ve announced is in line with Workplace Regulations, and suggest they rigorously asses their policy and take independent advice to ensure compliance and avoid possible legal challenges.

Thanks everyone.

I've drafted an email querying if this is compliant with The Workplace Health, Safety and Welfare Regulations, with links and quotes, and also referred to the GLP Vs EHRC judgement, again with links and quotes.

I'm working tomorrow, so gearing myself up to press send.

You can always send it from an anonymous email account if you are worried.

I am thinking about doing that, but I think an anonymous email would probably just be ignored.

That sounds perfect, well done 👏

It's a difficult choice.

ETA - I was once advised, for a letter I was sending, that I needed to send it to more than one person and to declare all the people it was being sent to in the letter itself. That way, one person can't just bin it and remove all trace of it.

Good luck OP. I have a hunch that you’re not the only one in this position.