On 24 June 2025 the Equality and Human Rights Commission ('EHRC') published an update to its interim guidance on the practical implications of the Supreme Court judgment in For Women Scotland v Scottish Ministers to the effect that 'sex' in the Equality Act 2010 means biological sex.
The update may be of particular interest to employers, as it deals with the requirement for workplaces to maintain changing and washing facilities where such facilities are required and whether these need to be provided separately for men and women.
The previous version of the guidance said, 'In workplaces, it is compulsory to provide sufficient single-sex toilets, as well as sufficient single-sex changing and washing facilities where such facilities are needed.' That has now been replaced with the following:
'In relation to workplaces, requirements are set out in the Workplace (Health, Safety and Welfare) Regulations 1992 (the '1992 Regulations'). These require suitable and sufficient facilities to be provided including toilets and sometimes changing facilities and showers. Toilets, showers and changing facilities may be mixed-sex where they are in a separate room lockable from the inside. Where changing facilities are required under the regulations, and where it is necessary for reasons of propriety, there must be separate facilities for men and women or separate use of those facilities such as separate lockable rooms'.
This is a summary of the 1992 Regulations, which require employers to provide:
- suitable and sufficient toilets at readily accessible places. They must be adequately ventilated and lit and kept in a clean and orderly condition and must have washing facilities (i.e. hand basins) in their immediate vicinity that provide running water and a means of cleaning and drying;
- separate rooms containing toilets for men and women unless each toilet is in a separate room with a door capable of being locked from inside;
- separate showers for men and women unless the shower rooms are intended to be used by one person at a time and can be locked from the inside;
- where changing facilities are required under the 1992 Regulations and where it is necessary for reasons of propriety, separate changing facilities for men and women or separate use of those facilities such as separate lockable rooms.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
