Further reading and resources
Single Sex and Separate Sex Facilities
Services:
ECHR statutory guidance on the operation of the Equality Act 2010 in the provision of Services and Public Function.
Paragraphs 13.57 – 13.60 cover the operation of single-sex spaces. Statutory guidance is not the law itself, but it “shall be taken into account by a court or tribunal” (s. 15(4) Equality Act 2016) and per Baroness Hale speaking in the House of Lords in (SCA Packaging v Boyle [2009] UKHL 37 para. 67).
https://www.equalityhumanrights.com/sites/default/files/servicescode_0.pdf
Gym Use and Changing Rooms: the illegality and chilling effect of (trans)gender segregation:
Peter Dunne and Alex Sharpe
Article on the unlawfulness of having blanket bans on transgender women using gym changing rooms
Failed Challenge to Trans Equality Guidance around Single-Sex Spaces
Anti-trans group's attempts to launch a process to have trans people excluded from single-sex spaces fails because it has no legal merit:
https://transsafety.network/posts/aea-v-cehr/
A letter from TLP, signed by 39 legal/academic and associated professionals challenging recent guidance issued by them which encouraged interpretations of equalities law to include pre-emptive, blanket bans of trans people. Plus:
EHRC reply to above letter
Employment:
Croft v Royal Mail [2003]
This landmark case concerns the right of a transgender woman to use the toilet at work. Though almost 20 years old we believe that the legal test stated remains accurate. https://www.bailii.org/ew/cases/EWCA/Civ/2003/1045.html
Taylor v Jaguar Land Rover [2020]
A groundbreaking case recently decided at the Employment Tribunal. The tribunal held that non-binary people are protected by the EA 2010 and requiring a non-binary person to use the disabled toilet was direct discrimination. Jaguar Land Rover has accepted the judgment and is not appealing.
The recruitment and retention of transgender staff: Guidance for employers: Government Equalities Office
Probably the best non-technical guide. Page 14 covers single-sex spaces.
Protection from discrimination for transgender individuals in UK law
Substantive review of Taylor v JLR
https://www.lambchambers.co.uk/latest-news/taylor-v-jaguar-land-rover-limited/
EHRC Policy Position 2021-2022
In 2021, the EHRC reversed its previous long-standing support of trans rights across a range of issues.
Correspondence here is between Trans Legal Project and the EHRC 2021-22, focussing on separate and single-sex spaces.
Links:
TLP letter to EHRC January 2022