Trans staff free to use female loos in the City

Businesses in the Square Mile are still to update their policies a year after Supreme Court ruling

MAJOR City businesses are allowing trans staff to use women’s lavatories if they identify as female despite the Supreme Court ruling that sex is biological.

An investigation by Sex Matters found that companies including Co-operative Bank, Coventry Building Society, Natwest and insurer Admiral still allowed workers to use bathrooms based on their self-identified gender, rather than biological sex.

This is despite the landmark ruling last year that “man” and “woman” refer to biological sex under the UK’S main anti-discrimination law, the Equality Act 2010.

This means employers are obliged to ensure that single-sex spaces are used exclusively by people of the corresponding biological sex.

However, Sex Matters, the gender-critical charity, found that City institutions had failed to update their policies on single-sex spaces since the ruling a year ago.

None of the 15 banks, insurers, consultancies or building societies approached by Sex Matters confirmed that access to single-sex facilities was restricted to people of one biological gender.

A majority said they were waiting for the Equality and Human Rights Commission (EHRC) to publish its revised code of practice before making changes to their policies. Others said the ruling was not directly relevant to employers.

However, James Townsend, head of employment law at Payne Hicks Beach, said there was nothing stopping employers from taking action sooner.

“The Supreme Court clarified over a year ago that ‘sex’ for equality law purposes means biological sex – employers may rely on this ruling to provide single-sex facilities for women in the workplace,” he said.

Mr Townsend said the changes were an opportunity to recognise women’s legitimate need for privacy in certain spaces and reasonable employers would cater for single-sex spaces where needed.

Sex Matters, which also spoke to anonymous employees at some of the companies, said in its report: “Female staff concerned about this have been left feeling angry, unvalued and cynical.

“Finance is a highly regulated sector, and on any other topic a Supreme Court judgment would result in a rush to ensure that all policies were brought into line with the law as speedily as possible, and to communicate

‘Some staff felt unable to raise concerns for fear of adverse consequences for their careers’

all changes clearly to staff,” the report added.

Coventry Building Society explicitly allows workers to use single-sex facilities based on the gender they identify as. Other companies, including HSBC and Natwest, have opaque guidance on the issues. Sex Matters said some staff “felt unable to raise concerns for fear of adverse consequences for their careers”.

Bridget Phillipson, the Education Secretary and the women’s minister, last month delayed new guidance from the EHRC’S on the creation of women-only spaces, claiming it could impact local elections.

Baroness Falkner of Margravine, the EHRC’S former chairman, said the delay “betrayed” working women’s right to single-sex spaces and accused Ms Phillipson of putting her “personal ambition” before her duty as women and equalities minister.

In February, Ms Phillipson also said that the anticipated EHRC guidance “doesn’t apply to workplace regulations,” which could mean that companies continue to allow biological men to use female toilets.

An Admiral spokesman said: “While we await the release of the updated EHRC Code of Practice, our policies and procedures will remain the same, and we maintain our approach to colleagues having a respectful workplace.”

Natwest said it was awaiting workplace guidance by the EHRC and its approach was consistent with evolving case law. “Should workplace guidance be issued, we will review and update our position accordingly,” a spokesman said.

HSBC, Coventry Building Society and Co-operative Bank declined to comment.

Meanwhile, the NHS continues to defy the Supreme Court by allowing transgender patients and staff to access single-sex spaces in English hospitals.

An investigation by The Telegraph found that hospitals are using outdated guidance to allow trans women to use female-only spaces such as wards, changing rooms, and lavatories.