Story Highlight
- Single sex workplace facilities remain contentious for employers.
- Guidance from Equality and Human Rights Commission is still awaited.
- Health and safety laws govern workplace facility provisions.
- Employers must avoid bias and discrimination in facility policies.
- HR plays a crucial role in handling facility-related complaints.
Full Story
Single-sex workplace facilities continue to be a pressing matter for employers in the UK as they await further guidance from the Equality and Human Rights Commission. With litigation in tribunals drawing attention to the risks involved, large employers are facing practical challenges due to varying facilities across different sites. Human Resources teams must be prepared to respond to inquiries and concerns regarding access to these facilities.
Health and safety legislation governs workplace facilities, specifically addressing the provision of toilets, washing, and changing facilities. Employers operating at multiple locations may struggle with implementing these requirements consistently. Recent tribunal cases have produced varying decisions on workplace facilities, with further appeals anticipated to clarify these issues. Employers are tasked with determining their internal protocols and how to manage access concerns surrounding these facilities.
Francis Keepfer, an employment lawyer who specialises in equality and discrimination, highlighted the legal obligations for employers regarding single-sex facilities. He stated, “When considering the provision of single-sex facilities, employers need to bear in mind that principally their legal obligations derive from health and safety legislation and not from equality legislation.” He noted that The Workplace (Health, Safety and Welfare) Regulations 1992 mandate that employers supply suitable sanitary conveniences for both men and women, with certain exceptions for facilities that can be secured from inside.
Keepfer emphasised the importance of Human Resources in managing employee concerns about workplace access. He explained, “This is absolutely crucial and a really good question and, in my view, I think this is where a lot of the risk comes from for employers in terms of their policies and in terms of their decisions around what facilities they provide and who they permit to access those facilities.” Employers must ensure they do not inadvertently discriminate against employees with gender-critical views or those with the protected characteristic of gender reassignment.
Keepfer advised that employers should approach complaints and concerns fairly and consistently. “The worst thing that an employer can do is having a decision maker who allows their personal views on these sorts of subjects to effectively infect their decision making,” he cautioned. Employers must consider all perspectives and sensitivities to establish a fair resolution while adhering to their policies.
Keepfer is currently assisting numerous clients in reviewing their workplace policies and dispute resolutions to ensure compliance with legal obligations and to mitigate biases in decision-making. He stated, “Yes, we’re doing lots of work with clients at the moment to audit their policies and to make sure that their dispute resolution processes are fit for purpose.” His work includes informing decision-makers about their legal responsibilities and the need for a balanced approach in addressing these potentially contentious issues.
In summary, managing single-sex workplace facilities demands that employers stay informed about their legal obligations while addressing access concerns judiciously and without bias. Keepfer’s ongoing work aims to support organisations in navigating this complex area, ensuring that their policies and procedures align with legal requirements.
Source: read the original report.
What this means for your site
Employers must reassess the provision of single-sex facilities to ensure compliance with The Workplace (Health, Safety and Welfare) Regulations 1992, which mandates suitable and sufficient sanitary conveniences for both men and women. In circumstances where facilities are segregated by room and can be locked from the inside, proper consideration must still be given to both the legal and equality implications presented by these separations. A proactive approach would include conducting regular audits of existing facilities against these regulations to identify potential non-compliance issues.
Additionally, a clear protocol for dealing with employee concerns about access to these facilities is essential. Establishing a consistent policy, alongside training for HR and site managers, can prevent misunderstandings and allegations of discrimination against any group. Employers should ensure that decision-makers are equipped to handle complaints with impartiality and that any necessary mediation considers the sensitivities of all involved parties. This structured approach not only aids in compliance but also fosters a respectful workplace environment, reducing the risk of disputes in the first place.
