Single-Sex Facilities: What the Law Says About Trans Inclusion – Updated April 2026

Originally posted: 23rd January 2025 | Updated: 27th April 2026

Over recent years, workplace discussions around trans inclusion in single-sex spaces have become increasingly complex, and at times, polarised. Employment tribunals are now more frequently being asked to balance competing rights under the Equality Act 2010, including those relating to:

• Gender reassignment
• Sex
• Religion or belief
• Disability (including trauma-related conditions)

These are not abstract debates. They reflect real lived experiences, dignity, safety, and identity.

Cases Bringing National Attention

As of April 2025, two significant cases are ongoing:

Darlington NHS Trust
A group of nurses have brought claims alleging sex discrimination and harassment linked to changing room access arrangements. Concerns raised include dignity, trauma triggers, and workplace culture.

NHS Fife (Scotland)
A nurse has brought a claim following suspension after challenging the use of a female changing space by a trans woman. Issues raised include belief discrimination and workplace treatment.

These cases highlight a critical point:
There is no one-size-fits-all answer and the law does not expect one.

What the Law Says

1. Preventative Duty on Sexual Harassment (2024 onwards)

Under the Worker Protection (Amendment of Equality Act 2010) Act 2023, employers must now take reasonable steps to prevent sexual harassment.

This includes:

• Proactive risk assessments
• Clear policies
• Staff training
• Effective reporting systems

Key implication:
Where changing facilities are shared or contested, employers must anticipate risks and act before harm occurs not after.

2. EHRC Guidance on Single-Sex Spaces

Guidance from the Equality and Human Rights Commission confirms:

• Single-sex services can be lawful
• Exclusion of trans people may be lawful
• But only where it is a proportionate means of achieving a legitimate aim

Examples of legitimate aims include:

• Privacy and dignity
• Safety
• Trauma-informed considerations

However, decisions must be:

✔ Evidence-based
✔ Individualised
X Not based on assumptions or prejudice

Understanding the Full Spectrum of Impact

A key part of lawful and inclusive practice is recognising diverse lived experiences across all groups.

Trans Experiences and Safety

It is important to acknowledge that trans individuals are not a homogenous group, and experiences differ significantly.

For example:

• Some individuals have legal recognition through a Gender Recognition Certificate (GRC) under the Gender Recognition Act 2004
• Some have undergone medical transition, while others have not
• Many face high levels of harassment, discrimination, and violence

As reflected in stakeholder feedback and public commentary:

Some trans individuals, including those who have undergone full gender reassignment and live permanently in their affirmed gender, express fear that exclusion from single-sex spaces could place them at risk, particularly if required to use facilities that do not align with their lived identity.

This highlights a critical legal and ethical point:

Safety and dignity considerations apply to trans people as well as others.

Women, Trauma, and Privacy

At the same time:

• Many women, particularly survivors of sexual violence, may experience distress in shared or mixed-sex environments
• With approximately 1 in 4 women experiencing sexual violence, trauma-informed approaches are essential

Religion and Belief

The law also protects:

• Religious beliefs relating to modesty and privacy
• Gender-critical beliefs (confirmed in case law such as Forstater v CGD Europe)

Employers must ensure:

Staff are not disadvantaged or penalised for holding lawful beliefs

Legal Framework: Balancing Rights

Employers must navigate multiple overlapping duties:

Gender Reassignment

• Protected characteristic under the Equality Act
• Exclusion must be justified, proportionate, and evidenced

Sex Discrimination

• Policies may unintentionally disadvantage women
• Requires careful justification

Disability

• PTSD and trauma can meet the legal definition
• Requires reasonable adjustments

Religion or Belief

• Policies must not indirectly discriminate
• Must allow for dignity and accommodation

What Should Employers Do Now?

1. Audit Facilities

• Are spaces open-plan or private?
• Are alternative options available (e.g. single-use spaces)?
• Are all options safe and equitable?

2. Update Policies

• Clearly outline how decisions are made
• Include risk assessment processes
• Address all forms of harassment

3. Engage Meaningfully

• Gather anonymous staff feedback
• Include voices from:
  • Trans staff
  • Women and survivors
  • Religious groups
  • Disabled and neurodivergent staff

4. Train Managers

• On legal obligations
• On handling sensitive conversations
• On applying proportionate, case-by-case decisions

Final Thought: Inclusion Requires Balance, Not Silence

This is not about choosing one group over another.

It is about recognising that:

• Dignity matters for everyone
• Safety matters for everyone
• The law requires balance, not absolutes

As the Equality and Human Rights Commission reminds us:

“When making and applying decisions, treat all individuals with dignity and respect.”

The real test for employers is not simply having a policy — but:

• How it is applied
• How concerns are heard
• How respectfully people are treated

Need Support?

If your organisation needs support reviewing policies, delivering training, or facilitating courageous conversations on inclusion, dignity, and the law, our team at Equality and Diversity UK can help.ing staff training on inclusion and dignity in the workplace? Get in touch with our team for tailored support and guidance.

www.equalityanddiveristy.co.uk