The Good Law Project brought a legal challenge to the Equality and Human Rights Commission’s (EHRC) guidance on single-sex toilets and changing facilities. It was nation-wide news in April 2025 when the For Women Scotland Supreme Court case judgment was published, ruling that the terms “man” and “woman” in the Equality Act 2010 refer to biological sex. In the aftermath of the FWS judgment there was a significant amount of commentary about how this affected the rights of trans-identifying individuals when it came to using toilets and changing facilities in the workplace. The EHRC published an ‘interim’ update on their website aiming to clarify the position, which the Good Law Project say was wrong in terms of content and substance. The High Court has said that the EHRC’s interim guidance was lawful and they rejected the Good Law Project’s legal challenge. In effect, this means that employers can now rely on the EHRC’s interim guidance as the correct interpretation of the FWS judgment when it comes to its application to workplace toilets and changing rooms. What the EHRC Guidance Said The guidance explained that following the FWS case, workplaces must usually provide single-sex toilets and changing facilities, unless they are in a separate room, lockable from the inside, and used by one person at a time. Single-sex facilities are no longer considered single-sex if they are used by people of the opposite biological sex, except where the law allows this. The EHRC also stated that in some situations, the law may allow trans people to be excluded from single-sex facilities. With that said, the EHRC made clear that trans-identifying people should not be left without any access to facilities, and where possible, additional mixed-sex or trans-inclusive facilities should be provided. What this means for Businesses For employers, the judgment confirms that single-sex facilities must be provided (in workplaces) unless the facilities are in a separate room, lockable from the inside, and for use by one person at a time. Employers should consider additional facilities where possible to ensure dignity and inclusion for trans employees. In any event, legal advice is strongly recommended when reviewing or changing workplace arrangements. Concluding Remarks The EHRC is still due to publish an updated Code of Practice, which is now with the Government for approval. There is a substantial amount of commentary on this particular case, some of which is not helpful. This includes press releases from the Good Law Project themselves, who proclaimed victory despite the content and result of the judgment. Legal commentators have been quick to denounce the Good Law Project’s claims about the judgment. If in doubt, we urge members to review the EHRC guidance on the EHRC website and to seek legal advice before planning changes to their internal toilet or changing facilities. In due course we will update members when the full Code of Practice is published. As always, this advice is general in nature and will need to be tailored to any one situation. As an RMI member you have access to the RMI Legal advice line, as well as several industry experts for your assistance. Should you find yourself in the situation above, contact us at any stage for advice and assistance as appropriate. Motor Industry Legal Services Motor Industry Legal Services provides fully comprehensive legal advice and representation to UK motor retailers for one annual fee. It is the only regulated law firm in the UK which specialises in motor law and motor trade law. MILS currently advises over 1,000 individual businesses within the sector as well as the Retail Motor Industry Federation (RMI) and its members.