Everyone should be able to go to work, get changed and use a toilet without being harassed or subjected to discrimination.
This week two legal judgements, concerning employers based in Scotland, have shown that employers are not obliged to exclude trans people from facilities that align with their gender.
The judgement last week made it clear that allowing trans people to use toilets that align with their gender creates an inclusive workplace environment where “all employees felt respected, valued and supported.”
Equally, today’s tribunal outcome ruled that the For Women Scotland Supreme Court decision “did not result in it being inherently unlawful for a trans female…to be given permission to use a female changing room at work.”
The now withdrawn EHRC Interim Update attempted to persuade employers to introduce a bathroom ban – excluding trans people from gendered facilities, whether or not the provider wanted to be inclusive. These judgements demonstrate that the EHRC interpretation was flawed.
Our message to employers, and to trans people experiencing exclusion and harassment at work, is that automatic exclusion is not just cruel, but unlawful.
Take Action Now: Write to your MP to ask them to Scrap the Bathroom Ban.