UK: Update to the EHRC’s Interim Update on Single Sex Spaces
Authors: Frances Ross and Charlotte Stern
The EHRC’s initial interim update in April 2025 had a particular focus on single sex facilities. Given the Supreme Court’s decision in the For Women Scotland case was not decided on this topic, this provoked some questions and even legal challenges.
The revised EHRC interim update issued in June 2025 removed the statement that it is compulsory to provide sufficient single sex toilets, as well as sufficient single sex changing and washing facilities. Instead, it restates the current legal position (as set out in the 1992 Health and Safety Regulations). In brief, these say that when providing toilets, or when changing and washing facilities are required by the nature of the job, men and women should have separate facilities unless each facility is in a separate room with a lockable door and is for use by only one person at a time.
The interim update goes on to say that in workplaces and services that are open to the public where separate single-sex facilities are lawfully provided, then 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, as this will mean that they are no longer single-sex facilities and must be open to all users of the opposite sex.
The EHRC highlights that trans people should not be put in a position where there are no facilities for them to use and that where possible, mixed-sex toilet, washing or changing facilities in addition to sufficient single-sex facilities should be provided.
Key Action Points for Human Resources and In-house Counsel
We consider that there is some ambiguity in the wording of the interim update. The EHRC has also said that its interim update is not ‘guidance’.
It’s likely there will be either a further case, legislation or guidance that specifically addresses what the terms ‘men’ and ‘women’ mean in the context of the 1992 Regulations. For now, employers face a difficult balancing act in seeking to respect the rights, safety and dignity of all employees.
