What are my rights?

Right now, there’s a lot of confusion around single sex spaces, toilets, and everything in-between. Here we’ve answered the questions we’re being asked on our support lines.  

Changes to the Equalities and Human Rights Commission (EHRC) Code of Practice will take weeks, if not months, to happen, and it won’t change everything when it does. 

Whatever happens, it’s up to all of us to ensure everyone is included and to report harm when we see it happen.  

We’ve laid out the facts as we understand them. 

Our advice to trans people is keep living your life. Those who came before us continued to live their lives in spite of injustice. We will do the same. 

What are “single sex” services? 

Single sex spaces are spaces or services designated for women or men, using the Equality Act 2010 definition of sex. 

The recent Supreme Court Judgement has said that the Equality Act refers to biological sex. 

This could exclude some trans people from some services, but it doesn’t mean trans people should be excluded as standard.  

This definition of sex has been defined as “sex at birth” according to the April Supreme Court Judgement. This description does not include any biological features. This implies that it means the sex marker on someone’s original birth certificate. 

This ruling only applies to single sex spaces within the scope of the Equality Act 2010. This legislation does not refer to toilets or changing rooms, or to many other “single sex” services. 

“Single sex” used in other legislation may refer to recognised gender (such as that in a Gender Recognition Certificate) or may not be defined. 

These spaces work better for everyone when they operate on an inclusion-first basis. Trans people should not be excluded as standard. 

Can trans people still be included in spaces for women or men? 

Yes. Keep living your life. 

The Supreme Court Judgement does not prevent spaces or services from being inclusive of trans people.  

For example, a women’s football team or girls' club could describe themselves as a women’s space or girls’ group, and include trans women and girls.  

A men’s mental health group could describe itself as a men’s group or a men's space, and include trans men. 

These are single gender spaces. They do not have to say that they are a single sex service under the Equality Act. 

Which toilet can I use?  

Rules around who can use toilets and changing facilities are not set by the Equality Act 2010. 

This means the Supreme Court ruling in April, and any updated guidance from the Equalities and Human Rights Commission (EHRC) will not apply to toilets or changing facilities. 

Toilets are regulated by Building Regulations, Workplace Regulations or Education Regulations.  

In Workplace Regulations, it states that you can provide all-gender (unisex) toilets so long as they are in a room that is lockable from the inside. This has not changed.  

The definition of men and women in Workplace Regulations is also not set by the Equality Act 2010. These Regulations probably mean “single sex” according to certified sex. This means there is no reason why workplaces can’t provide separate toilets for women and men, which include trans women and men. 

What do I do if someone challenges me? 

We’re hearing that trans people are being challenged in toilets, changing rooms and other spaces.  

Remember: 

• Keep living your life. 
• No one has to prove who they are to use the toilet. 
• You are under no obligation to respond. 
• You can go about your business. 
• There is no evidence or documentation exists that proves that someone is cisgender.  
• It would not only be pointless to try to prove if someone is cisgender, but also highly intrusive and inappropriate. 
• If a trans person continues to access a single sex space that aligns with their gender, they are not committing a crime.  
• If a trans person is questioned about their sex or gender by another individual, they are under no obligations to answer.
• If you are challenged or harassed while trying to use the toilet or a similar space, you can record your experience with our friends Trans Actual. They are documenting experiences of discrimination, harassment, or challenges faced in single-sex spaces in the UK since the April Supreme Court judgment and EHRC guidance. This includes cisgender people who have been harassed or excluded because they are perceived as trans. 

Your voice - regardless of how you identify or how you’re perceived - will help shape safer, more inclusive policies and services. 

What if my work or a business stops me? 

Most businesses and organisations want to include trans people, or they won’t enforce exclusion.  

Unfortunately, some places are excluding trans people, whether lawfully or not.  

Everyone should be provided with appropriate toilets, including trans people. It might be lawful for employers and service providers to segregate toilets according to sex recorded at birth. 

However, to exclude trans people from workplace “single sex” toilets may be illegal if the person has a Gender Recognition Certificate (GRC). 

A trans exclusionary policy might also force a disclosure of a person’s trans status and breach the confidentiality protections under the Gender Recognition Act 2004. 

The Good Law project says “If there are no appropriate toilets for you, and you feel confident to do so, you can ask for an appropriate toilet to be made available to you, and explain that it is discrimination on the basis of your rights as a person with the protected characteristic of gender reassignment not to provide you with any appropriate toilets”. 

The Equality Act still protects trans people from harassment and discrimination at work. 

An individual who violates an organisation's policy is not committing a criminal offence. 

If you are excluded and it doesn’t feel safe to challenge it, you can record it with Trans Actual.  

Your voice, regardless of how you identify or how you’re perceived, will help shape safer, more inclusive policies and services. 

I’m an organisation – what should I do? 

We’ve put together a guide for organisations and professionals who want to understand the impact of the recent Supreme Court Judgement and related changes to guidance following the For Women Scotland v Scottish Government case. 

We strongly encourage organisations to hold an explicitly trans-inclusive line. Trans people are increasingly concerned about what the Supreme Court Judgment and EHRC guidance might mean for them, their ability to live their lives, and their safety.  

Organisations need to understand this and step up to be visible around their trans-inclusive principles and practices. Inclusion is not only the right thing to do but is a positive and effective practical approach.