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

http://ohrh.law.ox.ac.uk/gym-use-and-changing-rooms:-the-illegality-and-chilling-effect-of-(trans)gender-segregation

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/

Trans Legal Project letter to EHRC challenging non-statutory guidance on single and separate sex spaces April 2022

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.

https://assets.publishing.service.gov.uk/media/5fc8d559d3bf7f7f5c134ad3/Ms_R_Taylor_v_Jaguar_Land_Rover_Limited_-_1304471.2018_-_Reasons.pdf  

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.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/484855/The_recruitment_and_retention_of_transgender_staff-_guidance_for_employers.pdf

Protection from discrimination for transgender individuals in UK law

Robin Moira White

https://www.internationalemploymentlawyer.com/news/protection-discrimination-transgender-individuals-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 July 2021

EHRC Reply to TLP July 2021

TLP letter to EHRC January 2022

An analysis of the case of Green - draft paper