The Requirement to offer Single-Sex Facilities
The UK Supreme Court recently ruled in the case of ‘For Women Scotland v Scottish Ministers’, confirming that the term ‘sex’ in the Equality Act 2010 refers strictly to biological sex. This ruling has important implications for how employers apply equality law and manage workplace facilities. In response, the Equality and Human Rights Commission (EHRC) has issued interim guidance to help organisations interpret and apply the law correctly.
You can read the EHRC’s interim guidance here.
The EHRC also plans to update its Code of Practice to provide fuller, long-term guidance on how this ruling applies in workplaces and public settings.
Key details of the ruling
The Supreme Court confirmed that under the Equality Act 2010, ‘sex’ refers to biological sex only. This means that for legal purposes:
- The term ‘woman’ refers to a biologically female individual.
- The term ‘man’ refers to a biologically male individual.
- A person’s transgender status, including possession of a Gender Recognition Certificate, does not alter their sex for the purposes of the Equality Act.
- A trans woman is regarded as biologically male, and a trans man as biologically female under the legislation.
Workplace facilities requirements
Under the Workplace (Health, Safety and Welfare) Regulations 1992, employers must provide adequate toilet and, where relevant, changing and shower facilities. These must comply with standards of privacy and decency for all users.
- Mixed-sex facilities are only acceptable if they consist of private, self-contained units that can be locked from the inside.
- Where shared changing facilities exist, men and women must have either separate access or exclusive use of lockable spaces.
Single-sex facilities in public services
Public-facing services may offer single-sex spaces when this represents a proportionate means of achieving a legitimate aim and meets legal requirements. If full compliance is not possible, organisations must show that they acted reasonably and balanced competing rights fairly. Failing to provide single-sex options where needed may amount to indirect sex discrimination against women.
Use of facilities by trans individuals
Where facilities are lawfully designated for one sex, access rules are guided by biological sex as defined by law. In practice:
- Trans women (biologically male) should not access women-only spaces, and trans men (biologically female) should not access men-only spaces, as this would make the space mixed-sex.
- In some cases, trans individuals may also be excluded from the facilities of their biological sex to maintain privacy and safety for all users.
- Employers must ensure that trans individuals are not left without access to suitable facilities.
- Where possible, organisations should provide both single-sex and mixed-sex facilities to ensure fairness and accessibility for everyone.
Final thoughts – clarity, compliance, and respect in practice
The Supreme Court’s decision reinforces the importance of clarity and consistency in workplace policies. Employers must review their facilities, policies, and equality frameworks to ensure they align with this interpretation of the law. A balanced, respectful approach will protect everyone’s rights and support a fair, inclusive working environment.
How Black Dog HR can help
Do you need support in reviewing your workplace policies, facilities, or equality practices? Then, we can help. Black Dog HR provides clear, practical guidance on compliance and people management – helping employers stay aligned with current legislation while maintaining a respectful, inclusive workplace.
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