Cliff Notes
- The UK Supreme Court has ruled that “woman” and “sex” in the Equality Act 2010 refer specifically to biological sex, affecting the use of gender-specific facilities.
- The Equality and Human Rights Commission (EHRC) has issued interim guidance stating that trans individuals need facilities but must generally use those corresponding to their biological sex.
- Concerns have been raised about the impact of the ruling, leading to protests and calls for clarity on the treatment of trans individuals in public spaces and institutions.
Use of toilets at work, in shops and hospitals should be based on biological sex, says watchdog | UK News
The use of men’s and women’s toilets at work and in places like shops and hospitals should be based on biological sex – but trans people will also need facilities, the equalities watchdog has said.
It comes after a landmark judgment earlier this month on how a woman should be defined in law.
The UK Supreme Court declared on 16 April that the words “woman” and “sex” in the Equality Act 2010 refer to a biological woman and biological sex.
The appeal case was brought against the Scottish government by campaign group For Women Scotland (FWS) following unsuccessful challenges at the Court of Session in Edinburgh.
The Supreme Court judgment has been interpreted to mean that trans women, who are biologically male but identify as women, can be excluded from women-only spaces like toilets and changing rooms.
But the ruling has caused consternation among some politicians and thousands of people protested in central London on 19 April against what they said was a “betrayal” of the trans community.
Interim guidance has now been issued by the Equality and Human Rights Commission (EHRC) because “many people have questions about the judgment and what it means for them”.
The watchdog is working on a more detailed code of practice, which it said it is aiming to provide to the government for ministerial approval by June.
