EHRC formally abandons single-sex toilet stipulation

The EHRC has now formally abandoned its contention that employers must provide single sex toilets following the service by Good Law Project of its claim for judicial review. 

Its initial position, which it rushed out in the aftermath of the Supreme Court decision, and which can be read here, states that “In workplaces, it is compulsory to provide sufficient single-sex toilets, as well as sufficient single-sex changing and washing facilities where these facilities are needed.”

Its revised position, issued after Good Law Project served its claim form, abandons that assertion and instead concedes that

“In relation to workplaces, requirements are set out in the Workplace (Health, Safety and Welfare) Regulations 1992. These require suitable and sufficient facilities to be provided including toilets and sometimes changing facilities and showers. Toilets, showers and changing facilities may be mixed-sex where they are in a separate room lockable from the inside.”

The EHRC’s press release, irresponsibly, failed to highlight to employers the profound change in its position. 

Good Law Project is aware of one case, some days after the For Women Scotland case, where a woman was told by her employer that she needed to start using the men’s toilets and she went home and attempted to take her own life. We urge public bodies – and our media – for whom all of this often seems to be a kind of game to act responsibly and with proper care towards a vulnerable minority that feels, with justification, to be besieged. 

Given that the EHRC has now conceded a key point in our case, we are considering our next steps with our lawyers.

• Good Law Project uses the law to resist hate and to bring hope. Injustice is not inevitable. Please, if you can, set up a monthly donation so we can fight for everyone. Every new monthly donor who signs up using this link will receive a signed copy of our founder’s bestselling Penguin paperback, Bringing Down Goliath.