The UK tax authority (HMRC) has told staff they may use toilets that match their chosen gender, according to reports.
Internal intranet guidance encouraged “trans” employees to “use the toilet appropriate to your new gender.” The advice, set out in a document titled Gender Reassignment—Getting Ready for Your First Day in Your New Role, directly conflicts with the law as clarified by the Supreme Court earlier this year.
In April, judges ruled that the words “woman” and “sex” in the 2010 Equality Act mean “biological woman” and “biological sex.” The ruling upheld the right to single-sex spaces and overturned the Scottish government’s broader interpretation of the Act. By contrast, HMRC guidance allows male employees identifying as female to use women’s toilets and changing rooms.
The Financial Conduct Authority recently rejected demands from activist staff and confirmed its toilets would remain single-sex. HMRC, however, says it is waiting for new guidance from the Equality and Human Rights Commission before changing its policy.
The advisory document, which contradicts the widespread belief that people can’t change sex as well as defying the Supreme Court, shows a high level of dysfunction. While the Home Office rewards its own failure to enforce the law, the tax office actively sets out to break it.
