Legislation
More updates to the EHRC’s interim guidance on single sex spaces
Date
Effective now
Summary
The Equality and Human Rights Commission (EHRC) has issued a revised interim update on the practical implications of the Supreme Court’s For Women Scotland decision.
The EHRC’s April 2025 update placed particular emphasis on the compulsory provision of single-sex toilets, changing and washing facilities.
This position prompted questions and legal challenges, given that the Supreme Court ruling did not directly address this issue.
In its June 2025 revision, the EHRC has removed that statement and instead restated the existing legal framework under the 1992 Health and Safety Regulations.
In summary, employers must ensure that:
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“Men” and “women” have separate facilities, unless each facility is a self-contained, lockable, single-user room.
The EHRC also clarified that where lawful single-sex facilities are provided:
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Trans women should not use cis women’s facilities, and trans men should not use cis men’s facilities, as this would mean the facilities are no longer single-sex according to the ruling.
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However, employers should not leave trans people without access to facilities, and are encouraged to provide mixed-sex options alongside single-sex spaces where possible.
The EHRC has confirmed that its interim update is not formal guidance, and there remains ambiguity in its wording.
Further clarification is likely through future case law, legislation or statutory guidance.
In the meantime, employers must take a careful and balanced approach, ensuring they meet legal obligations while respecting the rights, safety and dignity of all employees.
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