BREAKING: The High Court has dismissed the Good Law Project’s challenge to the EHRC interim guidance on single and separate-sex facilities.
Mr Justice Swift endorsed the EHRC update as an accurate statement of the law for employers & service providers.
The update says service providers and employers can only provide lawful separate sex facilities based on sex, and suggested where possible they offer a unisex alternative.
GLP was judged not to have standing as it lacked “sufficient interest”. The anonymous claimants did have standing, and so their substantive arguments were considered.
The court dismissed their claims in their entirety. It found nothing wrong in law about either version of the EHRC’s statement, and the claimant’s human rights had not been breached.
It dismissed the Secretary of State's argument that cleaners, children using toilets w parents, or “emergencies” (like the pregnant woman allowed to use the men's to avoid a queue 🙄) might mean that transsexuals get a free pass.
This judgment makes clear that it is lawful for employers and service providers to provide straightforward separate-sex facilities, and that it may be unlawful indirect discrimination against women not to.
Read our analysis:
sex-matters.org/posts/updates/…
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