Thread by @akuareindorf

The position is this:
Facilities in services (eg changing rooms in leisure centres, public toilets) can be provided on a single-sex basis under Sch 3 §§26-27 of the Equality Act 2010. There are various conditions in Sch 3 that have to be met, including that the service is.../1

https://twitter.com/akuareindorf/status/2021620250383708574

a proportionate means of achieving a legitimate aim. The EA doesn’t say that services have to provide single-sex facilities, but it might be direct or indirect discrimination against women to fail to provide them, depending on the facts.../2

The relevant parts of the revised Code of Practice are essentially about how Sch 3 EA works. But Sch 3 EA doesn’t cover workplaces. They are subject to the Workplace (Health, Safety & Welfare) Regulations 1992, which require workers to be provided with toilets and, where.../3

appropriate, washing and changing facilities on either a single-sex basis or in separate lockable single user rooms. Alongside that, the ordinary rules of sex discrimination and gender reassignment discrimination apply to workplaces.../4

There are numerous possible discrimination claims that can be brought about an employer’s failure to make appropriate provision for women, men and trans people.

It would be a serious mistake to try to apply Sch 3 EA to a workplace situation. You would get the law wrong.

/end