Despite claims that the Supreme Court judgment brought ‘much needed clarity’, today’s High Court ruling confirms it has brought nothing but chaos.
We welcome the fact that this ruling makes it clear service providers can include trans people in gendered spaces. It is equally clear that trans people should not be forced to use facilities according to their sex assigned at birth.
According to media reports, the EHRC’s draft Code of Practice, currently awaiting approval by the Government, sought to mandate blanket exclusion of trans people from facilities and services in line with their gender.
Today’s High Court ruling means the draft Code was not an accurate interpretation of the law. Bridget Phillipson, Minister for Women and Equalities must send the code back to be revised so it reflects the law accurately. This includes providing guidance on how trans people can be lawfully included in gendered spaces.
Whilst there was welcome news around the law as it relates to service providers, today’s ruling will be devastating for many trans people in their workplaces. It mandates an approach to toilets that will exclude some trans people from facilities they have used for years, leaving trans workers at risk of being outed. For some, it will mean simply being unable to come to work until their employers find a way of complying.
In workplaces that don’t already have gender neutral toilets, creating them will not be straightforward. Facing significant building works, conflicting legal obligations and the risk of lawfare – the government will need to step in to provide support, and fix this mess.
These outdated workplace regulations are simply not fit for purpose.
We are asking that the Government to:
- Send back the Code of Practice, and require the EHRC to make it clear that services can lawfully include trans people in settings and facilities that match their gender, and that trans people should not be outed by the services and facilities they use.
- Change building and workplace regulations to allow for the many types of gender neutral facilities that already exist – sharing a sink with colleagues at work, regardless of their gender, is a normal part of everyday life.
- Provide support for organisations to invest in creating toilets and facilities that include everyone by building accessible, gender neutral toilets.
We will be posting further actions, requests for information and updated know your rights toolkits in the coming weeks. No matter what, we will continue to fight for the right for every single person to exist in public, go to work and have their privacy and dignity upheld.