Toilets don’t usually make national news. But over the last year, changes to equality law have put washroom design firmly on the agenda for offices, schools, hospitals, leisure centres, retailers and public buildings, basically any building that provides toilets for public use across the UK. And everyone is trying to understand what the latest EHRC Code of Practice means for them.
If you’re responsible for a building, you’ve probably got questions. Is our current layout still legal? What counts as compliant now? What am I actually supposed to do?
The answer isn’t as simple as putting a new sign on the door. It requires organisations to understand what the updated guidance actually says, what has changed, and what steps they should now be taking. According to the EHRC’s updated Code, organisations need to think carefully about privacy, dignity, safety, accessibility and the needs of all users.
The Short Version
In April 2025, the Supreme Court ruled that “sex” in the Equality Act 2010 means biological sex. That single ruling has knock-on effects for anyone providing single-sex toilets or changing rooms, because it changes how those spaces need to be defined and managed to stay lawful.
The Equality and Human Rights Commission (EHRC) has now updated its official Code of Practice to reflect that ruling, and on 5 August the Code becomes fully Statutory.
Who Needs To Pay Attention?
The Code applies to organisations providing services to the public, including:
- Retail environments
- Leisure centres and gyms
- Schools, colleges and universities
- Hospitals and healthcare settings
- Hospitality venues
- Public buildings
- Transport hubs
- Local authorities and public bodies
- Visitor attractions
- Stadiums and venues
In short, if people use your toilets, changing rooms or washing facilities, this guidance is relevant to you.
Who Doesn’t It Apply To?
One of the biggest misconceptions is that this update is primarily about employers.
It isn’t.
The Code that has been updated relates to Services, Public Functions and Associations, not the employer/employee relationship. A separate Employment Code exists and is expected to be updated too, but there’s no confirmed date for that yet.
That said, employers shouldn’t ignore it. The Supreme Court’s interpretation of “sex” applies across the Equality Act, and many workplaces also provide facilities used by visitors, customers and staff.
Does The Code Require Single-Sex Facilities?
No and this is where a lot of the confusion starts.
The updated guidance doesn’t say that every organisation must suddenly install separate men’s and women’s facilities where none currently exist. It also doesn’t ban mixed-sex or gender-neutral facilities.
What it does say is that where organisations choose to provide single-sex services or facilities, they must be able to justify that approach as a proportionate means of achieving a legitimate aim.
Those aims might include:
- Privacy
- Dignity
- Safety
- Decency
The more a facility involves undressing, physical vulnerability or intimate activity, the stronger the justification for separate-sex provision is likely to be.
What Facilities Should I Provide?
Where feasible, organisations should consider providing:
- Separate male and female facilities, and
- Additional individual lockable facilities that can be used by anybody.
This creates what the Code often presents as the most balanced approach: maintaining single-sex provision while also offering an alternative option for users who prefer not to use sex-designated facilities.
In many buildings, particularly older ones, creating entirely new facilities isn’t realistic. In these situations, existing accessible toilets are often considered as a potential mixed-use option, provided this doesn’t negatively impact disabled users who rely on them.
What About Trans People?
One thing the Code makes absolutely clear is that trans people continue to be protected under the Equality Act. Protection against discrimination, harassment and victimisation relating to gender reassignment remains unchanged.
Organisations must ensure that nobody is left without an appropriate facility to use. Where single-sex facilities are operated on a biological sex basis, organisations should consider providing a separate self-contained alternative that can be used by anyone who prefers not to use those facilities.
What Should My Business Do Now?
Many businesses are asking “What is the compliant layout?”
The reality is that there isn’t one.
The Code repeatedly refers to proportionality. What may be reasonable in a large shopping centre could be impossible in a small café. What works in a university may be entirely different from a leisure centre or healthcare facility.
Small changes often do the job. The Code itself gives the example of a small café with just one or two lockable, self-contained toilets as a perfectly acceptable way to meet everyone’s needs. Bigger sites usually just need the right mix of clearly signed single-sex facilities alongside private, unisex or accessible options.
The Bigger Risk Is Failing To Make An Assessment
The Code encourages businesses to:
- Audit facilities
- Review policies
- Assess user needs
- Document decision making
- Record the evidence behind your chosen approach
If challenged, organisations need to be able to demonstrate why they made the choices they did. An evidenced decision is far easier to defend than one that was never properly considered.
Getting this wrong in either direction can leave you exposed to a discrimination complaint.
The good news is that fixing it is usually far simpler, and cheaper, than people expect.
How Dunhams Can Help
At Dunhams, we’ve been designing and manufacturing washroom systems for decades. We provide practical washroom solutions that help organisations create facilities people genuinely want to use.
Whether you’re reviewing facilities because of the updated Code, planning a refurbishment or designing a new building, we can help you explore solutions such as:
- Fully enclosed cubicle systems
- Individual lockable washroom layouts
- Privacy-focused changing facilities
- Accessible and universal washroom provision
- Signage and facility reconfiguration
- Future-proof washroom design
People want facilities that feel safe, comfortable and private.
For anything specific to your legal position, it’s worth a quick chat with a solicitor or HR advisor who knows equality law. But when it comes to turning good guidance into a washroom that works, looks great and keeps everyone comfortable, that’s our job, and we’re genuinely happy to help.
Ready To Get Ahead Of This?
Get in touch with the Dunhams Washrooms team for a free consultation. We’ll take a look at what you’ve got, tell you honestly what (if anything) needs to change, and give you a clear, no-obligation plan to get there.
