Your Rights in Workplaces FAQ

This page summarises general legal information relating to the rights of transgender and/or non-binary individuals under the law in England, Scotland and Wales. This information represents our understanding of these rights at the time of publication of this information. It is not intended to give specific legal advice on which you should rely. If you require legal advice, or further details on any matter referred to, please consult an independent legal professional.

There have been a lot of court cases recently related to trans employees’ access to facilities (such as changing rooms, locker rooms etc.) and toilets when at work.

Many of you have reached out to TransActual for support. We’ve been contacted by organisations who want to stay trans inclusive but don’t know what they’re allowed to do, and trans allies who want to educate their employers about how to be inclusive.

This FAQ aims to give you a clearer picture of trans people’s rights at work. We’ve written this with the help of our lawyers, in light of the various cases and specifically, the High Court’s decision in R (Good Law Project Ltd) v Equality Human Rights Commission [2026] EWHC 279 (Admin).

It is important to note that law on trans access to toilets and facilities is unsettled – we will do our best to keep this page up to date, but these FAQs should not be taken as legal advice. You can find information about getting advice on our Legal Advice page.

Please note that these FAQs address the law as it stands within the context of the workplace and not the provision of services more broadly. These FAQs consider the ‘protected characteristics’ in the Equality Act 2010 of gender reassignment and sex. They do not cover any other protected characteristics such as religion and belief.

The EHRC’s draft Statutory Code of Practice for Services, Public Functions and Associations (the Code) was published on 21 May 2026, which will apply (to the extent it comes into effect) to employers that provide services to customers, in relation to those services. However, as these FAQs deal with duties from an employer to an employee, the Code does not apply – employment services are covered in a different Statutory Code of Practice which the EHRC says it will update in due course. There is currently no timescale for this.

Language

When we refer to:

  • The “Regulations” we mean the Workplace (Health, Safety and Welfare) Regulations 1992.
  • “Gender reassignment” we mean the protected characteristic set out in section 7 of the Equality Act 2010. A person has this protected characteristic if they are proposing to undergo, are undergoing, or have undergone a process (or part of a process) to reassign their sex by changing physiological or other attributes of sex. The characteristic of ‘gender reassignment’ does not only apply to those who have had gender affirming surgery. For example, a trans person may be protected even if they have not medically transitioned, they do not have a Gender Recognition Certificate (GRC), they are nonbinary (their gender identity doesn’t sit comfortably with ‘man’ or ‘woman’), or they are under the age of 18 years old.
  • “Sex” for the purposes of the Equality Act 2010, we are referring to section 11 of the Equality Act which, following For Women Scotland, has been confirmed to mean the sex a person was assigned at birth. Read our Know Your Rights guide for more information.
  • “GRC” refers to a “Gender Recognition Certificate” which may be granted under the Gender Recognition Act 2004. GRCs can be either “full” or “interim”. 

In summary

Your employer can’t:

  • only provide “male” and “female” toilets, washing facilities, or changing facilities and then insist trans employees have to use toilets that don’t align with their gender
  • monitor or police who uses “male” or “female” toilets
  • leave you without a comfortable facility to use

Read more:

Your employer is not legally required to:

  • provide “single-sex” (trans-exclusive) male and female toilets
  • allow you to access a “single-sex” space because you hold a GRC

Read more:

It’s likely that it’s lawful for an employer to:

  • provide trans-inclusive male and female toilets
  • provide separate lockable rooms (“universal” rooms) intended for use by one person at a time
  • provide both universal rooms and “male” and “female” rooms

Read more:

If you’re experiencing problems at work:

FAQs

Your employer must provide suitable and safe facilities for all its employees, including those who are trans.

To comply with the Regulations as they relate to toilets, an employer must provide either separate “male” and “female” toilets, or toilets in self-contained rooms that can be locked from the inside and are for use by one person at a time. Your employer could also provide a mix of both. In question 1, we explained that the Equality Act 2010 requires employers to ensure that toilet facilities are provided for trans employees, so an employer that provides only “male” and “female” toilet facilities is unlikely to meet this requirement (see Does that mean my employer must provide only “single-sex” (trans-exclusive) male and female toilets?). See paragraph 13.123 of the EHRC Code of Practice for an example of it being supportive of this position in principle.

The position for washing and changing facilities is more context-specific.

If washing facilities (including showers) are required because of the nature of the work that you do, or for health reasons, then your employer must provide “suitable and sufficient washing facilities”. Facilities for washing the hands, forearms and face only can be in a shared, multi-user space. By contrast, showers need to be provided either within separate “male” and “female” facilities, or as individual, self-contained units that can be locked from the inside and used by one person at a time. Employers may also choose to provide both types of facility. As before, employers must ensure they make provision for trans employees in order to comply with the Equality Act 2010, so an employer that provides only “male” and “female” washing facilities (where required by staff) is unlikely to meet this requirement.

A similar distinction applies to changing facilities. Workplaces where staff are required to change out of their clothing when they arrive at work (e.g. a surgeon putting on scrubs) will require different changing facilities to workplaces where staff are only required to put on an item over their normal clothing (e.g. a waiter putting on an apron). The Regulations require employers to provide separate “male” and “female” facilities where necessary “for reasons of propriety”. As before, employers must ensure they make provision for trans employees in order to comply with the Equality Act 2010, so an employer that provides only “male” and “female” changing facilities (where required by staff) is unlikely to meet this requirement.

No.

There is no legal requirement to provide “single-sex” (trans-exclusive) male and female toilets in the workplace. The Regulations permit employers to provide single lockable rooms for use by one person at a time as an alternative.

Employers must ensure that toilet provisions are not discriminatory based on gender reassignment. It is likely to be unlawful for an employer to provide only “male” and “female” toilets if this results in trans members of staff having nowhere to go to the toilet. (See also paragraph 13.148 of the EHRC Code of Practice as an example of it being supportive of this position, in principle).

As a minimum, your employer should provide one gender-neutral facility. If you are concerned about the potential unwanted “outing” that might arise from this, you should speak with a safe member of staff – see What can I do if I am unhappy about my employer’s policy on workplace facilities?. In practice, this may mean that some employers decide to designate facilities that are currently marked as ‘accessible’ or ‘disabled’ as also being gender-neutral facilities. The law permits this approach, but employers need to take care to ensure that it does not impact on disabled employees’ access to facilities in a way that cannot be justified.

Having a GRC does not give you a right to use the toilet aligned with your gender. However, having a GRC can clearly illustrate that you have the protected characteristic of ‘gender reassignment’. Your employer is not allowed to unlawfully discriminate against you on the basis that you have this protected characteristic.

There are several legally compliant ways for employers to provide trans-inclusive facilities in the workplace. Some options include:

  • Make all facilities self-contained and gender neutral
  • Have a mixture of “male”, “female” and gender neutral toilet facilities.
  • Designate at least one toilet in a self-contained room (e.g. a current accessible toilet) as a gender neutral facility for use by anyone.

There are lots of other things employers can do to be trans-inclusive such as:

  • Ensure recruitment processes are inclusive to everyone regardless of gender identity.
  • Offer the option to include pronouns on email signatures.
  • Engage experts to develop internal policies to ensure they are actually workable for trans people and people who transition at work.
  • Provide training to all staff and managers. 
  • Carry out equality monitoring on recruitment, training, promotion and retention.
  • Encourage staff to wear a uniform or follow a dress code in a way that aligns with their gender.
  • Mark trans specific events in the year such as TDoR, TDoV and Trans History Week.
  • Fundraise for a trans support charity.

If you’re unhappy about your employer’s policy about toilets or workplace facilities, you could follow these steps to try and resolve the problem:

  • Document: Record as much evidence as you can about what has happened.

  • Explain the problem: Talk to your employer informally and explain the problem. You could speak to your line manager and/or the HR department, depending on the size and structure of the organisation. If you feel more comfortable having a colleague/friend attend that meeting with you, you can request that. You could also ask that person to take some notes so you can focus on what you want to say. You could also signpost them to information about what they are meant to be doing. This might be enough to resolve the problem.

  • Get support: Contact organisations that can help you – your trade union, or organisations like ACAS, or the whistleblowing charity Protect. They can give you information and advice about your next steps, like making a formal complaint, employment tribunal, or a court case. You could also seek support internally at work from staff LGBTQ+ forum or EDI group.

  • Make a formal complaint (this is called a grievance): If you are not satisfied with your employer’s response, or if you feel that your concerns cannot be dealt with under the informal grievance process, you can raise a formal grievance in writing and your employer should follow a fair process in accordance with the ACAS Code of Practice.

  • Use other HR policies to raise a concern: There may also be other HR policies that you could use to make complaints or to raise concerns – depending on the situation, this could include equal opportunities or EDI policies, safeguarding policies, and/or whistleblowing policies. You could ask HR to send you copies of them if you are unable to locate them independently.

  • Consider taking legal action: If you’re still not happy, you can consider taking legal action, either through an employment tribunal or through the courts.

It’s important to act fast if you believe you might have a workplace discrimination claim as there are limits on how long you can leave it before legal action and the time in which you can make a complaint.

You do not have to be trans to make a complaint about facilities for trans people in your workplace, though you do have to be an employee. An act of allyship could be to raise a complaint if you have concerns about the approach your employer is taking.

The Equality Act 2010 also contains specific provisions to protect people who are disadvantaged by an employer’s policy or practice in substantially the same way as their trans colleagues. For example, this could include non-binary and gender fluid staff.

Yes, absolutely, and you should take the approach set out in What can I do if I am unhappy about my employer’s policy on workplace facilities?.

If you have a GRC you should raise this also so your employer can consider its duties under the Gender Recognition Act 2004 alongside its equality duties.

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