EHRC Segregation. Staying safe and responding well

Please read the following guidance. We have reproduced this information with the kind approval of the fabulous Good Wee Place.
Oasis also recommend the website and map based app from Open Lavs, This will help you to identify places to use the loo safely, and allow add new places that you know to be safe.

Current status of the EHRC Code: The updated Code of Practice came into force on 5th August 2026, replacing the 2011 Code after completing parliamentary scrutiny. It changes how organisations should consider access to single-sex services, including toilets. The guidance does not prescribe what an organisation’s policy should be; instead, it focuses on handling situations respectfully and appropriately.
Remember, the code of practice applies to organisations, not individuals.
The EHRC also states that it is generally ‘impractical and inappropriate to question someone about their sex‘ when using facilities such as toilets, emphasising privacy, sensitivity and proportionality, and noting that there is no official UK document that reliably proves a person’s sex.

Guidance for individuals. Your safety comes first!!
If you are in any doubt, please use the accessible toilet. If you do not have a RADAR key, Oasis will supply you with one; please just ask. Thanks you Jaqui, who has replenished our stock from her own purse.
Always, always remember, you do not owe anyone your private history.
Being challenged in a toilet can be frightening and humiliating. You do not have to debate your identity, explain your body or disclose personal information to a stranger. You have no obligation to show a GRC or a passport to show your sex.
Keep your response short, calm and focused on getting somewhere safe.
If another member of the public approaches you, you can say –
“I need privacy. Please leave me alone.”
“I am not discussing this with you. Please get a member of staff.”
“Do not block me or follow me.”
If a member of staff approaches you, you can say –
“I am not discussing private information in a bathroom. If there is an issue, please speak to me discreetly outside.”
“I need safe toilet access. What private option can you provide?”
“I am not answering questions about my body, medical history or legal status.”

Whether at work or in a public space, it is your right to have access to a facility that maintains your safety and dignity.

If the situation feels unsafe

  • Leave if you can do so safely.
  • Move towards staff, friends, security or a busy public area.
  • Do not stay to win the argument.
  • Call 999 if you are threatened, trapped or in immediate danger.
  • Once safe, write down the time, place, names, descriptions and exact words used.
  • Keep receipts, photographs, messages or witness details where available.
  • Consider making a written complaint to the venue afterwards.

Guidance for venues – A complaint is not a cue for an argument!
If somebody challenges another person’s use of a toilet, your staff may feel pressured to make an immediate declaration about who is “allowed” in the space, which can create unnecessary legal and reputational risk, while making a vulnerable person feel unsafe or publicly exposed.

What staff should do

  1. Stay calm and avoid turning the situation into a public debate.
  2. Do not make assumptions about somebody’s sex from their appearance.
  3. Do not ask intrusive questions about their body, medical history, documents or legal status.
  4. Move any conversation away from the toilet and deal with it discreetly.
  5. Focus on the behaviour causing concern, not somebody’s identity or appearance.
  6. Prioritise privacy, dignity, safety and de-escalation for everyone involved.
  7. Offer a genuinely private alternative where one exists, without presenting an accessible toilet as the automatic “trans option”.
  8. Record the incident and review it later with the appropriate manager.
  9. Make sure staff know the venue’s agreed process before a complaint happens.

Wording that can backfire – Broad, improvised statements tend to cause the most trouble. Phrases along these lines are worth thinking about in advance:

  • “We allow trans women in the women’s toilets.”
  • “Anyone can use whichever toilet they identify with.”
  • “You need to prove that you are allowed in here.”
  • “You will have to use the disabled toilet.”

Phrases like these can expose an individual, escalate conflict, or accidentally turn a practical incident into a declaration of policy. Only you can judge what is right for your venue and your situation.

Staff script card –
“We do not discuss another customer’s private information. If you have a concern, please speak to us away from the toilet and we will deal with it discreetly.”
“We take everyone’s safety and privacy seriously. We are not going to question or humiliate somebody in a toilet.”
“We will address any inappropriate behaviour. We will not make assumptions about a person based on their appearance.”
“We are handling this privately and proportionately. Please do not confront other customers.”

Please remember – You are not responsible for protecting a venue from its own policy decisions. Your immediate job is to protect your safety, privacy and dignity.

Look out for the Good Wee Place sticker.
A Good Wee Place is a welcoming venue where trans, non-binary and gender-diverse people are treated with dignity and respect. Staff will not humiliate, publicly interrogate or make assumptions about somebody using the toilet. Any concern will be handled discreetly, proportionately and with everyone’s safety and privacy in mind.
To be clear about what the sticker is and is not:

  • It signals a welcoming culture and respectful staff behaviour.
  • It does not require the venue to publish a detailed legal policy on toilet access.
  • It does not authorise staff or customers to interrogate people about private personal information.
  • It means concerns are handled privately and proportionately.

You can read more about what a Good Wee Place is, or request a sticker.

Sources and legal disclaimer
This guidance draws on the EHRC’s own published statements about the updated Code of Practice and its consultation report, including its position that it is unlikely to be practical or appropriate to approach somebody and make enquiries about their sex in relation to incidental facilities such as toilets, and that there is no official UK record or document that reliably proves sex.
Please note: this page is practical communications guidance, not legal advice. It should be checked by an appropriately qualified adviser before being relied upon as a definitive statement of the law. Oasis is volunteer-run support group, not a legal service. If you need to know where your venue or your organisation stands, please take your own professional advice.

I will continue to use the ladies loo, as I have done for many years. Stay Safe
Much Love
Lilly xxx


2 thoughts on “EHRC Segregation. Staying safe and responding well

  1. Thank you Lilly, we continue to exist with our heads held high🏳️‍⚧️

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