A shift in EHRC guidance on single sex spaces in the workplace

Recent changes in EHRC guidance

In a recent significant shift, the Equality and Human Rights Commission (“the EHRC”) has quietly amended its guidance on single sex spaces in the workplace. Following the recent Supreme Court Decision in For Women Scotland Ltd v Scottish Ministers [2025], the EHRC has updated its guidance on 24 June 2025 to remove the statement that “in workplaces it is compulsory to provide sufficient single sex spaces”.

Instead, the guidance now states:

“In relation to workplaces, requirements are set out in the Workplace (Health, Safety and Welfare) Regulations 1992. These require suitable and sufficient facilities to be provided including toilets and sometimes changing facilities and showers. Toilets, showers and changing facilities may be mixed-sex where they are in a separate room lockable from the inside. Where changing facilities are required under the regulations, and where it is necessary for reasons of propriety, there must be separate facilities for men and women or separate use of those facilities such as separate lockable rooms.”

Notably, the guidance specifically states, “it is not compulsory for services that are open to the public to be provided on a single-sex basis or to have single-sex facilities such as toilets”.

Interpretation of the guidance suggests that toilets, changing facilities and showers can be mixed sex, if they meet the condition of having a separate room which can be locked from the inside.

Impact on employers

Considering the very recent adjustment, there is currently little knowledge of the profound change, it appears that no efforts have been made by the EHRC to make employers aware of the change in its position.

The shift in their guidance perhaps signals a reflection on a greater step towards inclusivity, particularly for transgender and non-binary employees. However, important questions may be raised about how employers will implement these changes effectively. Some may need to invest in upgrading or redesigning their current facilities and will also need to address potential employee concerns which may exist surrounding safety and privacy. They may also need to adjust internal policies to align with the changes.

Moving forward

Despite the new guidance marking a significant shift in workplace inclusivity, the lack of communication regarding this change raises concerns about how effectively employers will come to realise and be able to implement the new guidelines.

Given the quiet nature of the change, it is crucial that employers review their policies and guidance on such matters as this is now the current guidance. They will need to implement any changes with consideration for those who express concerns and have been used to a workplace where single-sex facilities are the norm.

Upon realising the changes made, clear communication and mindful planning by employers will be key to ensuring that changes are made smoothly within the workplace.

The EHRC guidance with the guidance having been edited on 24/06/25.

If you require any support with implementing any such changes or updating your policies, please don’t hesitate to get in touch — we’re here to help.

Written by our work experience student-  Megan Petty