(BBC News) Single-sex spaces — such as changing rooms and toilets — must be used on the basis of biological sex, new guidance from the UK equalities watchdog has confirmed.
This means, for instance, that a trans woman — a biological male who identifies as a woman — should not use female toilets or changing rooms, according to the code of practice.
The guidance, produced by the Equalities and Human Rights Commission (EHRC) and now approved by ministers, makes it clear that transgender people should instead be offered a third or a gender-neutral space.
The code states that leaving a trans person without access to any services or facilities would be unlikely to be proportionate and could be discriminatory.
The guidance was published on Thursday following the landmark Supreme Court ruling last year that the definition of a woman under the Equality Act should be based on biological sex.
The code of practice sets out how associations, businesses and services open to the public should organise their facilities. It covers a wide range of settings from shopping centres and gyms to hospitals and restaurants.
Women and Equalities Minister Bridget Phillipson said the aim was to allow people to live free from discrimination and harassment.
“Our focus has always been making sure organisations have clear, accessible guidance on how to implement the law,” she said.
Within the guidance, it was recommended that gender-neutral toilets or changing rooms should have self-contained lockable areas with floor-to-ceiling walls and wash basins.
The watchdog said it did not think the requirements would be too onerous as services could decide to let trans people use toilets for disabled people, for example.
The EHRC also said if a service just had two toilets — one for men and one for women —they could be changed into unisex facilities.
