Use of toilets at work, in shops and hospitals should be based on biological sex - watchdog

The use of men's and women's toilets at work and in places like shops and hospitals should be based on biological sex - but trans people will also need facilities, the equalities watchdog has said.

It comes after a landmark judgment earlier this month on how a woman should be defined in law. The UK Supreme Court declared on 16 April that the words "woman" and "sex" in the Equality Act 2010 refer to a biological woman and biological sex.

The appeal case was brought against the Scottish government by campaign group For Women Scotland (FWS) following unsuccessful challenges at the Court of Session in Edinburgh. The Supreme Court judgment has been interpreted to mean that trans women, who are biologically male but identify as women, can be excluded from women-only spaces like toilets and changing rooms.

But the ruling has caused consternation among some politicians and thousands of people protested in central London on 19 April against what they said was a "betrayal" of the trans community. Interim guidance has now been issued by the Equality and Human Rights Commission (EHRC) because "many people have questions about the judgment and what it means for them".

The watchdog is working on a more detailed code of practice, which it said it is aiming to provide to the government for ministerial approval by June. No plans for 'toilet police' Meanwhile, Cabinet Office minister Pat McFadden has suggested ministers have no plans for "toilet police" in the wake of the Supreme Court ruling.

But he also acknowledged the government will have to change its practices following the judgment. The EHRC has said trans women "should not be permitted to use the women's facilities" in workplaces or public-facing services like shops and hospitals.

It said the same applies to trans men, who are biologically female, using men's toilets. However, trans people "should not be put in a position where there are no facilities for them to use.