Gender-neutral toilet deemed 'favourable' to men as judge rules council discriminated against female clerk
3 February 2023, 8:55
A judge has ruled a town council sexually discriminated against a female clerk after a men's bathroom was turned into a makeshift gender neutral toilet.
First brought to court in 2020, Karen Miller initially won her discrimination claim against Earl Shilton Council in Leicestershire before the council appealed the decision.
Problems began when Ms Miller was asked to post a makeshift gender-neutral sign on the door of the men's toilet when she went in to use it at the council's offices.
Upon entering, the bathroom's single toilet cubicle was located at the back of the restroom, with women required to walk past a urinal in order to gain access to it.
The council also failed to provide a sanitary bin until the issue was flagged by Ms Miller.
Judge James Tayler said the facilities weren't adequate because of the lack of a sanitary bins and probability of coming across a man at the urinal.
He added: "That treatment was less favourable than that accorded to men.
"A woman being at risk of seeing a man using the urinals is obviously not the same as the risk of a man seeing another man using the urinals.
"The claimant was not provided with toilet facilities that were adequate to her needs, because of the risk of coming across a man using the urinal and the lack of a sanitary bin."
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The council's appeal has now been rejected by the Employment Appeal Tribunal.
The judge added: "No woman or girl should have to walk past the urinals to get to the toilet, and no man should have the risk of women walking past.
"Even in the smallest of buildings it is possible to have decent facilities, and in larger buildings providing ladies, gents and a unisex option in separate rooms mean that everyone is catered for."