UK High Court Clarifies Access to Single‑Sex Facilities at Work and in Public

The judgment permits employers to base workplace toilet and changing‑room access on biological sex unless lockable single‑occupancy options are available.

Overview

Mr Justice Swift ruled that service providers are not required to exclude trans people from gender‑aligned toilets and changing rooms, urging “common sense and benevolence.”
In workplaces, employers may restrict access to female toilets and changing rooms on the basis of biological sex, with an exception where single‑occupancy, lockable rooms are provided.
The court found the Good Law Project lacked standing and dismissed individual claims, and the organisation says it will seek to appeal.
The ruling states the EHRC’s interpretation was inaccurate on public facilities, and separate reporting indicates forthcoming EHRC guidance will not apply to workplaces, leaving employers without clear direction.
Campaigners say the split between workplace and public settings risks outing trans staff and creates legal incoherence, as employers rely on case‑by‑case approaches under the 1992 workplace regulations.