A year after a landmark Supreme Court ruling, major City firms are still allowing transgender staff to use women's toilets based on self-identification, ignoring the biological sex definition. An investigation by gender-critical charity Sex Matters found that top finance companies, including the Co-operative Bank, Coventry Building Society, Natwest, and Admiral insurance, are not complying with the new rules.
The Supreme Court Ruling
On April 16, 2025, the Supreme Court ruled that 'sex' under the Equality Act 2010 refers to biological sex, not self-identification. This decision required employers to ensure that single-sex spaces are used only by people of the corresponding biological sex.
Non-Compliance by Firms
Despite the ruling, 15 banks, insurers, consultancy firms, and building societies approached by Sex Matters would not confirm that access to single-sex facilities was restricted by biological sex. Many said they were waiting for the Equality and Human Rights Commission (EHRC) to publish its revised code of practice before changing policies. Others claimed the ruling was not directly relevant to employers.
Government Delays
Minister for Women and Equalities Bridget Phillipson delayed the new EHRC guidance last month, citing potential interference with local elections. She also stated in February that the guidance 'does not apply to workplace regulations,' which could allow firms to continue permitting biological men in female toilets.
Employee Concerns
Sex Matters' report cited reasons for non-compliance, including pressure from internal LGBT+ networks and external lobby groups like Stonewall. Employees expressed anger, frustration, and cynicism, feeling that women's protection was treated unseriously and fearing reprisals for complaints.
Call for Action
Sex Matters urged the government to show leadership by fixing public sector policies and called on the Financial Conduct Authority and Health and Safety Executive to clarify employer requirements. Senior leaders in City firms must understand that legal compliance is not optional, or they risk cynicism and disengagement from female employees.
Other sectors, such as the NHS, also continue to allow transgender patients and staff to access single-sex spaces based on self-identification. The Daily Mail contacted the Co-operative Bank, Coventry Building Society, Natwest, and Admiral insurance for comment.
