Discriminatory Toilet Facilities?

The Employment Appeal Tribunal (EAT) has considered whether an employer's requirement for female employees to use the men's toilet facilities amounted to sex discrimination.

Earl Shilton Town Council v Miller [2023] EAT 5

Facts of the case

The claimant, M, worked as an office clerk for the town council. The building was shared with a playgroup, and the female toilets were located in the part of the building used by the playgroup. For safeguarding reasons, M had to ask the playgroup staff before using the toilets; therefore, the arrangement was not suitable if she needed to use the toilet urgently.

Female employees were instead offered the joint use of the men's toilets, which consisted of a single cubicle and a urinal. A sign was put on the external door to indicate when a woman was using the toilet, but there was no lock and the sign did not always stay in place. Consequently, there was a risk of men entering the room when a woman was using the toilet