The UK’s Supreme Court has ruled that “man”, “woman” and “sex” in the Equality Act 2010 refer to sex, not self-ID or paperwork (gender-recognition certificates). This agreed with our legal interpretation. We have published new guidance and are in the process of updating our publications to reflect the judgment. We are also working to provide answers to the questions we're hearing from supporters and the media. We will publish these as soon as possible.

Support for “gender-neutral” toilets falls

91% want separate public toilets for men and women

A new poll from YouGov reveals that support for mixed-sex toilets is at its lowest level in five years. 

The number of people who feel generally comfortable using gender-neutral toilets has dropped eight percentage points since August 2019 to 41% of people.

50% of people now say they feel uncomfortable using gender-neutral toilets in public places, up by eight percentage points since August 2019. 

56% of women say they feel generally uncomfortable and only 35% feel comfortable. 

91% of people told YouGov that public spaces should include separate toilets for men and women (up from 85% in 2020). Only 5% say all facilities should be gender-neutral. 

The news comes as a man caught spying in women’s toilets defended his actions in court saying he thought that in Britain, “LGBTQ” people were allowed to use whichever toilets they liked.

The Government Office for Equality and Opportunity (GEO) has said that it is “a clear misinterpretation of the law” to suggest that transgender people have a legal right to access single-sex spaces and services intended for the opposite sex. It has sent over 400 examples of concerning guidance submitted by the public to the Equality and Human Rights Commission.

The GEO has also withdrawn its own previous guidance for employers, which said that “A trans person… should be afforded the right to use the facilities appropriate to the acquired gender role.”

Sex Matters has released a two-page briefing to help employers understand the law and best practice. 

Good practice: keep it simple, clear and safe

Do: provide separate toilets for women and men.

Do: also provide a unisex option if space allows.

Do: have clear, simple signs and expect everyone to follow the rules.

Do: explain to transgender employees that they cannot use opposite-sex facilities. 

Do not: replace all your separate-sex facilities with unisex. This is not inclusive.

Do not: allow trans individuals to use opposite-sex facilities and tell colleagues who feel uncomfortable to use the unisex. This is likely to be unlawful sex discrimination. 

Do not: relabel sets of traditional cubicled toilets (with a gap at the top or bottom, or with urinals) as unisex or gender-neutral. This is not sufficient and adequate provision. 

Do not: provide single-sex toilets only for men (or only for women) and expect the other sex to use the unisex facilities. This is likely to be unlawful sex discrimination.