Gender guidance on toilet use ‘harmful and impractical’, arts leaders say

More than 1,600 figures in the arts and culture sector have signed a letter saying they are “unable and unwilling to police the gender of people using toilets” in response to interim guidance issued following a landmark legal ruling on the definition of a woman.

An open letter published today (2 May) warns that interim guidance relating to single-sex toilet use issued by the Equality and Human Rights Commission (EHRC) will “erase a group of minoritised people from public life” and cause a “significant social, cultural, and economic impact” on an already struggling sector.

The letter, signatories of which include the leaders of arts organisations such as Watershed, Bristol Old Vic, Bristol Beacon, Welsh National Opera, Contemporary Visual Arts Network (CVAN), Unlimited and Wise Children, says the interim guidance has been “rushed” and is “impossible to apply”.

‘Unable to magic up new toilet facilities’

It goes on to note that the majority of cultural venues, which it says “are already facing significant financial challenges”, are often based in listed and old buildings and “unable to magic up new toilet facilities”.

This, it warns, could lead to trans, non-binary and intersex people feeling unable to work in or attend cultural events and public venues.

“This will erase a group of minoritised people from public life,” it says.

“As well as being profoundly unfair, this kind of segregation will have significant social, cultural and economic impact.”

The letter claims that, to apply the guidance, employers and venue owners would need to “breach privacy rights and data protection laws, and ask staff to engage in unlawful and degrading practices”.

“We are unable and unwilling to police the gender of people using our toilets,” it states.

Meanwhile, over 400 actors and industry figures, including Eddie Redmayne, Bella Ramsey, James Norton and Ken Loach, have signed an open letter backing trans rights.

And 14 national LGBTQ+ charities have written to Prime Minister Keir Starmer seeking an urgent meeting, describing the situation as “a genuine crisis for the rights, dignity and inclusion of trans people in the UK”.

Interim guidance

A ruling made by the Supreme Court on 16 April states that the terms ‘woman’ and ‘sex’ in the Equality Act refer only to a biological woman and to biological sex, excluding transgender women even if they hold a gender recognition certificate.

In response, EHRC issued interim guidance outlining what toilet and changing spaces organisations should provide.

For workplaces and services that are open to the public, the guidance says: “Trans women (biological men) should not be permitted to use the women’s facilities and trans men (biological women) should not be permitted to use the men’s facilities, as this will mean that they are no longer single-sex facilities and must be open to all users of the opposite sex.

“In some circumstances, the law also allows trans women (biological men) not to be permitted to use the men’s facilities, and trans men (biological women) not to be permitted to use the women’s facilities.

“However, where facilities are available to both men and women, trans people should not be put in a position where there are no facilities for them to use.

“Where possible, mixed-sex toilet, washing or changing facilities in addition to sufficient single-sex facilities should be provided.

“Where toilet, washing or changing facilities are in lockable rooms (not cubicles) which are intended for the use of one person at a time, they can be used by either women or men.”

‘Greater clarity needed’

EHRC has said it will launch a two-week consultation this month before presenting an updated code of practice to government for ministerial approval by the end of June.

However, across the sector, questions remain unanswered about the immediate application of the ruling and the legal implications, especially in theatres where performers and backstage employees typically share a limited number of dressing rooms and changing spaces.

Society of London Theatre and UK Theatre co-chief executive Claire Walker has said that the interim guidance has prompted “a number of questions” from the organisation’s members, “particularly regarding the provision of toilets and dressing rooms”.

In its current LGBT+ guidelines, the Performing Arts Union Equity, which has condemned the ruling, advises management “not to assume” which dressing room trans performers would prefer to use, and that this should be decided through discussion with them.

“Greater clarity on the practical implications of the recent UK Supreme Court ruling is needed as soon as possible,” Walker told The Stage.

“We will be responding to the Equality and Human Rights Commission’s consultation to ensure the full guidance enables members to assess with care and confidence whether changes to their current arrangements are required by law.”