The Equality and Human Rights Commission (EHRC) has amended its interim update on the landmark ruling in For Women Scotland to clarify the requirements for provision of facilities such as toilets, showers and changing rooms in workplaces.
The ruling in For Women Scotland
In April, the UK Supreme Court ruled that, under the Equality Act 2010, “woman” and “sex” mean biological sex. It also confirmed that obtaining a Gender Recognition Certificate (GRC) does not change a person’s legal sex for the purposes of the Act.
Following the ruling, the EHRC released an interim statement. Whilst this is not statutory guidance, it provides a short overview of the practical meaning of the ruling. The EHRC also launched a consultation in mid-May, which recently closed on 30 June 2025. This will inform the updates to their Code of Practice for services, public functions and associations.
Requirements for workplaces
The EHRC has now updated its interim statement to clarify that the Workplace (Health, Safety and Welfare) Regulations 1992 (the Regulations) govern the requirements for workplaces in relation to toilets, changing facilities and showers. The Regulations:
- require suitable and sufficient facilities for all; and
- allow for mixed-sex facilities where toilets, changing rooms and showers are lockable from the inside and otherwise require separate facilities, or separate use of facilities, for men and women.
The EHRC has removed the wording in the original update that said workplaces needed to provide single-sex toilets (and changing and washing facilities, where required).
What does this mean for employers?
The latest update still leaves some unanswered questions for employers, including whether “men” and “women” in the Regulations should be interpreted in line with the Supreme Court’s judgment in For Women Scotland to refer to biological sex. Employers face significant challenges in getting to grips with the practical impact of the judgment and the EHRC’s update does not provide any guidance on how to do so.
Seven practical steps
In our recent insight, we set out seven practical steps to help organisations get ahead with compliance while respecting the rights and needs of all employees:
- Review your current setup and the relevant health and safety provisions.
- Engage with affected people/groups.
- Be mindful of privacy.
- Record the considerations that inform your approach.
- Review policies and identify those which may need to be updated.
- Manage individual cases with empathy.
- Take legal advice.
You can read our full insight here.
