Recently, I visited a restaurant with two bathroom doors: one read ‘Urinals and lockable cubicles’, while the other simply read ‘Lockable cubicles’. Practical, clear and a neat reminder that how we design and signpost facilities carries legal as well as social weight. But is it legally compliant?
Probably not.
What do the signs really mean?
Door 1: ‘Urinals and lockable cubicles’ → this is a men’s toilet, because it has urinals and cubicles.
Door 2: ‘Lockable cubicles’ → this looks unisex, because it does not say ‘women’ or ‘female’.
Effect:
- Men get male-only space (urinals and cubicles).
- Women only get a shared/unisex option.
- That treats women less favourably because they lack a female-only facility.
The point has been recently underscored by the Equality and Human Rights Commission (EHRC).
What is new and why does it matter?
In September 2025, the EHRC submitted its updated Code of Practice on Services, Public Functions and Associations to the Minister for Women and Equalities. This revision intends to reflect the UK Supreme Court’s ruling earlier this year on the meaning of ‘sex’ under the Equality Act 2010.
At the same time, the EHRC has begun regulatory action against organisations whose policies misrepresent the law on single-sex spaces. The message is clear: service providers must understand and apply the Equality Act properly. Now, not later.
What is the law?
The Equality Act 2010 prohibits discrimination on nine protected grounds, including sex and gender reassignment. Typically, services must be open to all. However, Schedule 3 creates an exception: providers may restrict or adapt services to one sex or treat sexes differently if it is a proportionate means of achieving a legitimate aim.
In simpler terms, exclusion is lawful only where it is necessary and carefully balanced, for example, to protect dignity, privacy or safety. The updated Code should tell us how to apply that test in practice.
What are the implications?
For retail environments and other services open to the public:
- Signage must be unambiguous. Poor descriptions invite confusion, complaints or claims.
- Facility policies (toilets, changing rooms, staff areas) must align with the law and be applied consistently.
- Train staff to answer questions or objections with clarity and calmness.
- Keep a documented record of how and why each policy was chosen to help with legal or regulatory scrutiny.
What should you do?
- Audit your premises and signage against current guidance.
- Review your single-sex/separate-sex policies to ensure clear, lawful reasoning.
- Train frontline staff to manage queries and challenges.
- Record decision-making and rationale in writing.
- Establish a complaints and escalation route.
- Monitor the progress of the new Code’s parliamentary passage through parliament.
Following ministerial approval, the UK Government must lay the draft Code before Parliament for 40 days before it can be brought into force.
Sources:
Equality law regulator submits updated code of practice to Minister for Women and Equalities | EHRC
EHRC completes review of evidence from government on single-sex space policies | EHRC
