William Eichler 28 April 2025

Toilet access depends on biological sex, watchdog says

Toilet access depends on biological sex, watchdog says image
© PreechaB / Shutterstock.com.

The UK’s equalities watchdog has issued interim guidance for public bodies outlining the implications of the Supreme Court’s ruling on the definition of a ‘woman’.

Trans women ‘should not be permitted to use the women’s facilities’ and trans men ‘should not be permitted to use the men’s facilities,’ according to the Equality and Human Rights Commission (EHRC).

However, trans people should not be put in a position where there are ‘no facilities for them to use’, the EHRC added.

The Supreme Court ruled that for the purposes of the Equality Act 2010 ‘sex’ means biological sex.

The EHRC’s interim guidance emphasised that if somebody identifies as trans, ‘they do not change sex for the purposes of the Act, even if they have a Gender Recognition Certificate (GRC).’

The watchdog added that it aims to provide the Government with the updated Code of Practice by the end of June for ministerial approval.

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