New statutory guidance on the use of toilets and changing rooms as single-sex spaces came into force today, with analysis suggesting almost 13,000 toilets across Britain will have to be revamped to comply.
What the new guidance says
The updated code, issued by the Equality and Human Rights Commission (EHRC), comes almost a year-and-a-half after the landmark Supreme Court ruling on biological sex. It confirmed that a service must be used on the basis of biological sex to be classed as single-sex under the Equality Act. This means single-sex toilets, changing rooms, hospital wards and refuges have to be used based on a person's birth sex, not by the gender with which they identify.
The code, which covers England, Scotland and Wales, provides clarity on how the law is applied in practice, meaning many establishments yet to comply with existing laws may need to change their facilities as a result.
Impact on facilities
Press Association analysis suggests nearly 13,000 toilets and more than 5,000 changing rooms could have to be revamped at gyms, hospitals and leisure centres across Britain at a cost of millions. At least 18,000 signs might also need to be changed, according to figures obtained via a Freedom of Information request to the EHRC.
Public-sector bodies, such as local councils, are estimated to face unadjusted costs for cleaning the new-look facilities totalling £20.6 million, together with £14.2 million per year for building work, though these sums could rise even higher.
Reactions and expectations
The EHRC said: "We have been clear that service providers, associations and public functions should not wait for the code of practice to be published to make any changes needed to comply with the law. As duty-bearers they must assure themselves of their legal responsibilities in their own specific circumstances and seek independent legal advice where necessary."
Equalities Minister Bridget Phillipson previously suggested legal challenges are expected "because this is a very contested space". Former home secretary Suella Braverman said ministers had been "dragged kicking and screaming into adopting simple common sense and protecting women's-only spaces".
