Female civil servants warned they may be guilty of ‘unlawful harassment’ if they challenge transgender colleagues over which toilets they use at work
Updated guidance tells civil servants to raise concerns about colleagues’ use of workplace toilets or changing rooms discreetly with a manager, rather than confronting them directly. It warns that direct challenges could amount to unlawful harassment, while saying staff may speak up about dignity and safety, particularly if they perceive imminent danger.
The rules, updated across Whitehall 18 months after a Supreme Court ruling on single-sex facilities, say trans and non-binary staff cannot choose facilities solely on the basis of their affirmed gender. They also say repeated misuse of a colleague’s preferred pronouns to mock or invalidate their identity could lead to a misconduct investigation. Sex Matters chief executive Maya Forstater welcomed the guidance’s acceptance of the law on single-sex spaces but raised concerns about how complaints would be handled; the Government said departments are responsible for keeping their policies legally compliant.
- Staff are told to raise toilet concerns discreetly with managers.
- Direct challenges may amount to unlawful harassment.
- The rules follow a Supreme Court ruling on single-sex facilities.
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The case for
The guidance can be seen as a way to protect staff from humiliating or intimidating confrontations while ensuring concerns about safety or dignity can still be raised through managers. Its approach also recognises that deliberately misusing a colleague’s pronouns to mock or invalidate them may amount to misconduct, and directs departments to follow the law on single-sex facilities.
The case against
Critics may argue that warning staff about harassment could deter women from raising legitimate concerns about privacy or safety, especially if they are unsure how managers will handle complaints. They may also question whether discreet reporting provides an effective remedy when a workplace policy or its application conflicts with the law on single-sex facilities.