August 5th, 2026, saw the Equality and Human Rights Commission’s code of practice updated in relation to the use of single-sex spaces. This follow’s 2025’s High Court ruling that decrees the identification of sex to be based on biological sex rather than any changes made after birth.
For most workplaces, these ‘single-sex spaces’ are usually limited to their toilets, but others may have changing rooms and other areas that they’ll need to be aware of the changes for.
What’s changing?
Trans employees and customers will be expected to either use the toilet or changing room relating to the sex assigned to them at birth, or a mixed-sex area in which there are no restrictions.
This could potentially cause some logistical issues if a workplace doesn’t have a mixed-sex area and the affected trans person does not wish to use the toilet/changing room corresponding to their biological sex.
While mixed-sex toilets may sound comparatively rare, it’s worth remembering that almost all disabled toilets cater to both sexes and therefore become the de-facto option.
What are the implications for workplaces not adhering to these guidelines?
It’s important to state that so far, these are merely guidelines and not law. As such, there are no legal obligations for companies to adhere to.
As a statutory code, however, it’s possible that it could be used in court during legal proceedings.
Should trans women (transitioned from male) use a women’s toilet, it can no longer be classed as a single-sex use toilet under the new guidelines and could leave directors open to complaints from others that use the facility.
Equally, there should be plans in place that ensure that trans employees and customers have the same provisions and privacy afforded to their cis counterparts.
Those using only single-sex male and female toilets, then, leave themselves in a slightly grey area moving forward.
Do I need to do anything?
There’s still a good amount of uncertainty going forward with these new guidelines, and directors would be well advised not to treat any stance as concrete law. What it does do, however, is allow us to identify areas for legal risk.
Among these, we now know that allowing single-sex provisions to be trans-friendly carries some potential for issues, while leaving trans people with no option but to use a toilet relating to their biological sex would, of course, be equally problematic.
It’s recommended for most companies to conduct an audit of the facilities they have in order to identify possible issues. Those with a disabled toilet should find little difficulties in creating a gender-neutral space, while those with small offices and knowledge of a completely cisgender workforce may not need to make any changes at all. However, should your amenities be open to the public, policies should be looked at in order to protect yourself from any potential problems.
Whatever the future throws at your business, you can count on us
At Forbes Burton, we have business experts that specialise in several different fields. If you’re worried that some of the new guidelines may have an adverse effect on your company, then get in touch with one of our friendly advisers. We provide free, no-obligation advice to help directors and business owners navigate any issues they have.
Our experienced team of specialists can help from everything from M&As to renegotiating HMRC payments. Call us on 0808 280 6038, or email advice@forbesburton.com for a free consultation today to see how we can help your business.
