Government will ban trans staff from using toilets that reflect gender, says minister

The government will ban its transgender employees from using bathrooms that reflect their gender, a cabinet minister has suggested.

- MILLIE COOKE

Pat McFadden said the decision is a “logical consequence” of the recent Supreme Court ruling on gender and comes after the equalities watchdog issued interim guidance on the issue.

The Equality and Human Rights Commission (EHRC) guidance states that trans women “should not be permitted to use the women’s facilities” in workplaces or public-facing services such as shops and hospitals. The same applies to trans men, who are biologically female, wishing to use men’s toilets.

Asked whether the government, as an employer, will stop trans people from using the changing rooms or bathrooms they wish to use, Mr McFadden told the BBC: “Yes, that’s the logical consequence of the judgment and the guidance that’s come out, that people use the facilities of their biological sex. That’s what the court said and that’s what the guidance has said.”

Pressed on whether the government would ban trans people from using bathrooms that reflect their gender, he said: “Like any big organisation, we will react. But look, in reality, when you say ban, am I going to be standing outside toilets? I’m probably not. There isn’t going to be toilet police, but that is the logical consequence of the court ruling and the EHRC guidance.”

The chancellor of the Duchy of Lancaster said he hopes “everybody is treated with kindness”, adding: “This has been a debate where there’s very strong feelings around it, but the important thing of the last week is the court has given clarity about facilities.” The EHRC’s guidance also insists that trans people “should not be put in a position where there are no facilities for them to use”.