NO U-TURN ON SINGLE-SEX SPACES
Interim update amended following significant criticism and consultation on updated Code of Practice closes with over 50,000 responses
On 16 April 25, the Supreme Court handed down judgment in For Women Scotland v Scottish Ministers [2025] UKSC 16. The definitions of "woman", "man" and "sex" in the Equality Act 2010 (EqA 2010) were confirmed to refer to biological sex.
9 days later - 25 April 2025, the EHRC published an interim update in an attempt to help employers deal with the practical consequences of the judgment.
The interim guidance stated that it was compulsory for workplaces to provide single-sex facilities (toilets and changing/washing facilities, if needed).
Where workplaces are open to the public, for example retailers, it was stated that it was not compulsory for toilets/facilities to be single-sex and it was advised that where possible mixed sex toilets/facilities should be provided in addition to sufficient single-sex facilities.
As such, this meant a trans-person had to use toilets/facilities that aligned with their biological sex i.e. a trans-woman had to use a male toilet.
On 24 June 2025, the EHRC amended its interim update to remove the wording which stated that it was ‘compulsory to provide sufficient single-sex toilets, as well as sufficient single-sex changing and washing facilities, where these facilities are needed’.
Instead, the amended interim update now refers to the Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004) (the Regulations). The Regulations require suitable and sufficient toilets/facilities to be provided. These may be mixed-sex where they are in a separate room, lockable from the inside. Where changing and washing facilities are required, and where necessary for reasons of propriety, there must be separate facilities for men and women, or separate use of those facilities e.g. separate locker rooms.
The amended interim update received further criticism on the grounds that there was a lack of practical guidance.
The EHRC are producing an updated Code of Practice to reflect the decision in For Women Scotland. There was a 6 week consultation period on the proposed updates which Liberty unsuccessfully challenged in the Court of Appeal. Liberty were pressing for a 12 week consultation period instead, however permission was not granted.
The consultation closed on 30 June 2025 and over 50,000 responses were received.
It is not known when the Code of Practice will be published.
Sources:
https://www.equalityhumanrights.com/media-centre/news/clarification-workplace-facilities-added-interim-update
