Major banking firms are still permitting transgender men to access women's toilets in spite of a Supreme Court ruling that sex is biological.
Banks including the Co-operative and NatWest, as well as Bank, Coventry Building Society and insurer Admiral, are still allowing workers to use bathrooms based on their self-identified gender, an investigation by gender-critical charity Sex Matters has revealed.
The Supreme Court ruled last year “man” and “woman” refer to biological sex under the Equality Act 2010 – the UK’s anti-discrimination law.
In light of the ruling, employers are obliged to ensure single-sex spaces are used exclusively in line with biological sex.
However, Sex Matters, found a slew of companies had failed to update their policies on single-sex spaces since the ruling a year ago.
During the research, none of the 15 banks, insurers, consultancies or building societies could confirm whether access to single-sex facilities was restricted to people of one biological gender.
A majority said they were waiting for the Equality and Human Rights Commission (EHRC) to publish its revised code of practice before making any changes to procedure.
Meanwhile, others shockingly said the ruling was not directly relevant to employers.
The Supreme Court ruled last year 'man' and 'woman' refer to biological sex under the Equality Act 2010
| PAJames Townsend, Head of Employment Law at Payne Hicks Beach, insists employers ought to be taking action sooner rather than waiting on revisions to the European Convention on Human Rights (ECHR),
He said: “The Supreme Court clarified over a year ago that ‘sex’ for equality law purposes means biological sex – employers may rely on this ruling to provide single-sex facilities for women in the workplace."
Mr Townsend said the changes were an opportunity to recognise women’s legitimate need for privacy in the workplace and reasonable employers would implement changes at the soonest opportunity.
The charity conducting the research heard from anonymous employees at some of the named companies, finding female staff "feeling angry, unvalued and cynical.“
The report stated: "Finance is a highly regulated sector and on any other topic, a Supreme Court judgement would result in a rush to ensure all policies were brought into line with the law as speedily as possible and to communicate all changes clearly to staff.”
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NatWest was found to be among firms still neglecting the ruling
| GETTYIn spite of the ruling, Coventry Building Society explicitly allows workers to use single-sex areas based on the gender they identify as.
Others, including HSBC and NatWest, operate under more vague guidance, with NatWest claiming its approach was consistent with evolving case law.
"Should workplace guidance be issued, we will review and update our position accordingly,” a spokesman said.
An Admiral spokesman also said policies and procedures at the company "will remain the same" while they await revisions from the EHRC.
Bridget Phillipson, the Secretary of State for Education and Equalities Minister, delayed new guidance last month on the creation of women-only spaces, claiming it could impact local elections.
The move was met with backlash from For Women Scotland, the organisation that brought the case to the Supreme Court.
Widespread non-compliance was revealed among various NHS trusts, police forces, local authorities and Whitehall departments
| GETTYFounder Susan Smith said: "It's shocking that public bodies are using the discredited excuse that they need to wait for guidance to follow the law. They don't. The ruling is crystal clear."
Baroness Falkner, who headed the Equality and Human Rights Commission until November, previously accused Ms Phillipson of placing her "personal ambition" above women's rights by avoiding conflict with "activist MPs in her party".
The former EHRC chair submitted an updated code of practice to the minister in early September, directing businesses and public bodies to exclude trans women from female toilets and changing rooms.
Just last month, it was revealed close to 400 public bodies across England and Wales remain in breach of the ruling.
A Daily Mail audit revealed widespread non-compliance among various NHS trusts, police forces, local authorities and Whitehall departments.
More than half of England's 317 councils have failed to bring their practices into line with the court's decision, while more than 20 of the 43 police forces across England and Wales confirmed they had not yet revised their policies.
Several NHS trusts continue operating policies based on self-identification, with guidance stating non-binary individuals should be allocated to wards "according to their choice".
Meanwhile, the City of London Corporation said the single-sex bathing ponds in Hampsted Health should keep their doors open to trans swimmers.
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