Jurisdiction(s):
United Kingdom

Good Law Project seeks permission to judicially review EHRC workplace toilet guidance, challenging interpretation of 'men' and 'women' under Equality Act 2010 and Human Rights Act 1998

Published on: 05 August 2025

Published by a Law360 reporter

Legal News

Article summary

Lawyers for three unnamed individuals and the Good Law Project contended that elements of the Equality and Human Rights Commission’s (EHRC) guidance on which workplace toilets trans people may access are unlawful. Alex Goodman KC argued that, under workplace regulations on the provision of single-sex toilets, the terms men and women must be read as encompassing trans men and trans women. In a pre-action letter, the not-for-profit group and the individuals—a transgender woman, a transgender man and an intersex woman—stated in May that they intended to bring a legal challenge to the EHRC’s advice on using lavatories at work. They maintained that the Supreme Court’s interpretation of the Equality Act 2010 does not extend to legislation governing the use of lavatories, which contains no definition of ‘man’ or ‘woman’. The group is seeking permission from Judge Jonathan Swift to pursue judicial review to contest parts of that guidance. Goodman said the guidance, as drafted, directs employers to exclude trans women from women’s toilets and trans men from men’s toilets...

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