Equality Commission clarifies obligations on employers and service providers for single sex toilets in Northern Ireland

There has been confusion over how the Supreme Court ruling relating to Great Britain’s equality laws might impact Northern Ireland, with ministers saying they are awaiting guidance from the body which enforces equality legislation here.

However, the Equality Commission (ECNI) has previously said that it believes the Supreme Court’s ruling on the definition of “woman” will affect the Province, despite it having different equality laws from the rest of the UK.

In light of advice by the Rainbow Project to encourage those attending an event it has planned at Stormont to use the toilets “they feel best aligns” with their gender, the News Letter asked ECNI if there is any obligation on employers or public bodies in Northern Ireland to provide single sex toilet facilities.

A spokesperson said: “Equality law does not set down specific rules around the provision of single sex toilet facilities.

“Employers and service-providers do, however, need to ensure that where they do provide toilet facilities, they do not do so, in way that treats women less favourably than men, or vice versa.

“However, other laws may also apply. There are two sets of health-and-safety-at-work regulations that impose duties on employers in respect of providing separate facilities for men and women in workplaces, and there are other regulations that impose corresponding duties on schools in relation to their pupils, and on licensed restaurants in respect of their customers. The Commission does not have a remit in respect of these regulations”.

The Health and Safety Executive Northern Ireland advises employers that the extent of the facilities they need to have in place will “depend somewhat” on the number of people employed – but “where possible, separate male and female facilities” should be provided.

While the Supreme Court ruling related directly to the GB Equality Act it said the effect of gender laws on many other statutes that refer to men and women “must be carefully considered”.