Toilets 

Legal Guidance on the Provision of Single-Sex Toilets

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Purpose of Document: To provide clear, accurate legal guidance regarding employer obligations to provide single-sex toilet facilities in the workplace, in line with UK health and safety law. This document may be used for internal policy development, campaign materials, or correspondence with employers, councils, or public institutions.

This guidance also applies to other settings where public access or user welfare is relevant, including:

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• Schools (to protect pupil privacy and safety)

• Restaurants and shopping centres (to maintain dignity and legal compliance in customer-facing environments)

• Council-run public toilets (to meet obligations under equality, health, and safeguarding law)

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Legal Framework

Under the Workplace (Health, Safety and Welfare) Regulations 1992, UK employers are legally required to provide appropriate welfare facilities, including toilets, to all staff. Regulation 20 of these regulations states:

"So far as is reasonably practicable, sanitary conveniences and washing facilities shall be separate for men and women."

The Health and Safety Executive (HSE), which enforces these regulations, provides the following clarification:

"Toilets used by men and women should be in separate rooms, unless each toilet is in a separate room with a lockable door and can be used individually."

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Key Requirements

1. Single-Sex Provision is the Default Requirement

   • Employers must provide separate toilets and washing facilities for men and women.

   • This applies in all but the rarest circumstances.

2. Unisex Facilities Must Be Fully Self-Contained

   • Where unisex options are provided, each must:

     • Be a fully enclosed room,

     • Contain a toilet and handwashing basin,

     • Be lockable from the inside,

     • Be designated for single-person use only.

3. Shared Facilities Are Not Lawful

   • Multi-cubicle, open-plan gender-neutral toilets with shared sink areas are not compliant with the law.

   • Facilities where the handwashing area is communal across sexes also fail to meet the requirement for separation.

4. "Sanitary Conveniences" Include Sinks

   • The legal term covers all parts of the toilet facility, including:

     • Toilets and urinals

     • Sinks and handwashing provisions

     • Soap and hand-drying facilities

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Consequences of Non-Compliance

​Removing or replacing single-sex toilets without lawful alternatives may:

• Breach health and safety law

• Violate employee privacy and dignity

• Result in indirect sex discrimination

• Create safeguarding concerns, especially for women and vulnerable individuals

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Employers who fail to comply risk complaints to the HSE, employment tribunal claims, and reputational damage.

Recommendations for Employers and Institutions

• Retain and maintain single-sex toilet facilities.

• Where unisex options are introduced, ensure they are fully private and individually enclosed.

• Avoid implementing shared sink spaces between male and female users.

• Consult employees—especially women—before making changes to toilet provision.

• Ensure staff are informed of their rights and the available facilities.

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Special note on schools

In the United Kingdom, schools are legally required to provide separate toilet facilities for boys and girls aged 8 years and over. This mandate is outlined in Regulation 4 of the School Premises (England) Regulations 2012, which states: "Separate toilet facilities for boys and girls aged 8 years or over must be provided except where the toilet facility is provided in a room that can be secured from the inside and that is intended for use by one pupil at a time." 

This requirement applies to maintained schools, academies, and independent schools. The provision of single-sex toilets is essential to ensure the privacy, dignity, and safety of pupils, particularly during their developmental years. While unisex or gender-neutral toilets can be provided, they must be fully enclosed, lockable, and intended for single occupancy to comply with the law.

Maintaining single-sex toilet facilities in schools supports the well-being of all students and upholds their rights to privacy and dignity.

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In schools, single-sex toilet provision is fundamental to safeguarding, privacy, and the emotional well-being of children. Pupils—particularly girls—must be able to access private, safe facilities without fear of embarrassment, discomfort, or intrusion. This is especially important during puberty, when privacy becomes a critical concern for adolescent girls managing menstruation. Mixing sexes in intimate spaces can undermine pupils' confidence and sense of safety, and may deter some from using the facilities altogether, leading to health and welfare issues. Schools have a duty of care to protect all students, and single-sex toilets are a simple, effective, and legally supported way to meet that obligation.

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Support and Further Guidance

If you require assistance in drafting compliant toilet policies, responding to staff concerns, or defending the right to single-sex spaces in your institution, please seek legal advice.  We're pretty sure lawyers are champing at the bit to earn some of that sex discrimination money. 

This document is intended as a general guide and does not constitute formal legal advice.

Prepared by: Let Women Speak
Date:April 2025