The ECHR’s Guidance following Supreme Court judgment

News | 1 May 2025

Written by: Anjuma Mukith
Trainee Solicitor

Written by: Anjuma Mukith, Trainee Solicitor

Following the UK Supreme Court judgment in For Women Scotland v The Scottish Minister, the EHRC has issued guidance on how organisations should approach single sex facilities and the inclusion of transgender individuals, with implications for workplaces, public services, schools, sporting bodies, and associations. There will be updated guidance which will provide further clarity in due course.

In the meantime, we can summarise that in workplaces employers are legally required to provide separate toilets and, where needed, single sex changing and washing facilities. Public services such as hospitals, shops, and leisure centres are not required to offer single-sex spaces, but they can do so if it's a proportionate way to meet a legitimate aim.

The above judgment states that in workplaces, and services that are open to the public, trans women should not use women’s single-sex facilities, and trans men should not use men’s. In some cases, it may also be lawful to restrict trans individuals from using facilities that match their biological sex. Where possible, organisations should provide mixed-sex or individual unisex facilities to ensure no one is left without access.

Schools must provide separate toilets for boys and girls over age 8, and separate changing facilities over age 11. Trans pupils should not use facilities designated for the opposite biological sex, and schools should offer suitable alternatives.