Co-op scraps trans-inclusive toilet policy following Supreme Court ruling
"Wherever possible we will provide gender neutral individual lockable units, with inclusive signage," writes the Co-op's new policy
By Aaron Sugg
The Co-operative Group has changed its toilet policy for trans, non-binary and intersex staff following legal advice and new guidance on single-sex spaces.
The retailer previously allowed trans staff to use gender-specific toilets where they felt “safest”, with the policy stating: “If the toilets where you work are gender-specific, you should use the ones you feel safest in.”
“We’ll never expect you, or ask you, to use the disabled toilets instead, but of course if you feel most comfortable using them, then that’s fine,” it continued.
Co-operative Group changes its policy following the EHRC guidance based off the April 2025 Supreme Court ruling
However, following the April 2025 UK Supreme Court ruling, which determined that the legal definition of “woman” under the Equality Act refers to biological sex, and the subsequent Equality and Human Rights Commission’s (EHRC) final code of practice on single-sex spaces, that has now changed.
The final EHRC guidance states that single-sex spaces may, in certain circumstances, be based on biological sex, meaning trans women may be excluded from female-only spaces.
As a result, the guidance says organisations should consider alternative options for trans people. It refers to providing a separate “third space” or gender-neutral facilities.
Co-op introduces “gender neutral individual lockable units”
The new policy acknowledges that trans staff may feel uncomfortable using gendered facilities, despite many within the community speaking out against the EHRC’s guidance, claiming it treats them as a “third gender”.
According to The Telegraph, the policy states: “We know that for people who identify as trans or non-binary or intersex, [it] may be difficult to feel comfortable and/or safe using gendered toilets.”
“For the comfort and privacy of all colleagues, wherever possible we will provide gender neutral individual lockable units, with inclusive signage. Any decisions regarding access will be made sensitively and on a case-by-case basis.”
Co-op says it is following “legal advice”
In a statement to the publication, a Co-op spokesperson said: “We have updated our transgender and non-binary inclusion policy following legal advice and consultation with our colleague networks, to ensure compliance with our legal obligations and to support our trans, non-binary and intersex colleagues.”
The decision follows the likes of Lloyds Banking Group and Barclays who have barred trans women from women-only facilities and directed them toward gender-neutral spaces.
The EHRC final code of practice is not law; it is statutory guidance setting out how service providers should apply the ruling in practice