The High Court has clarified how employers must navigate the complex intersection of health and safety requirements, biological sex definitions, and trans employees' rights when providing workplace toilets and changing facilities. This analysis explores the legal framework established by recent case law and outlines practical options for employers seeking to balance competing needs while avoiding discrimination claims.
Following a recent High Court decision, we set out the position regarding trans access to single-sex facilities and the practical options for employers.
This article focuses on employment only, and the position regarding service provision is different. We expect that the updated EHRC Code for Service Providers will address the position for service providers once published.
The High Court has confirmed that employers must provide their single-sex workplace toilets and changing room facilities on a biological basis in order to comply with health and safety requirements, but that trans staff should not be left without adequate, non-discriminatory facilities. This may potentially include employers offering additional, trans-inclusive single-sex facilities (although this is untested). Employers may also provide gender-neutral facilities, provided they meet health and safety requirements.
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