Transgender civil servants could effectively be required to disclose their identity to managers when arranging access to suitable workplace toilets, according to leaked Cabinet Office guidance.
The internal document reportedly says trans employees “may not use facilities of [their] affirmed gender which are designated as single-sex”.
Instead, they would be expected to use mixed-sex or unisex facilities, or toilets corresponding to their sex at birth. Having a Gender Recognition Certificate would not change that position because, under the guidance, it “does not alter your sex” for the purposes of the Equality Act.
Staff Told to Discuss Toilet Arrangements With Managers
The document says trans employees should discuss the available options with their line manager.
“You will need to discuss the options and agree on the most suitable arrangement with your line manager,” the guidance reportedly states.
Critics warn that this could place employees in the position of revealing that they are transgender, even though there is no general requirement for a worker to disclose that information.
TransLucent chief executive Steph Richards told Metro: “Trans staff may be put into a position to ‘out themselves’ to managers, directly violating their right to privacy under Article 8 of the ECHR.”
The European Convention on Human Rights protects a person’s right to respect for their private and family life, although whether a particular workplace policy breaches that protection would ultimately depend on its implementation and any subsequent legal challenge.
Guidance Follows Supreme Court Ruling
The Cabinet Office document was developed following the UK Supreme Court’s April 2025 judgment in For Women Scotland Ltd v The Scottish Ministers.
The court ruled that the words “sex”, “woman” and “man” in the Equality Act 2010 refer to biological sex. It held that obtaining a Gender Recognition Certificate does not change a person’s sex for the purposes of that Act.
Trans people nevertheless remain protected against discrimination and harassment under the Equality Act’s gender reassignment provisions, whether or not they hold a Gender Recognition Certificate.
The Equality and Human Rights Commission subsequently revised its code covering services, public functions and associations. The updated draft was presented to Parliament on 21 May 2026, with the parliamentary scrutiny period ending on 9 July.
The code has not yet formally come into force as statutory guidance. The government must first revoke the previous code and set a commencement date.
The Cabinet Office guidance concerning civil servants is a separate workplace document. It has reportedly been marked “official sensitive” and remains under review rather than representing a final, publicly issued Civil Service policy.
Deliberate Deadnaming Could Be Misconduct
The leaked guidance also addresses deadnaming and misgendering in the workplace.
It recognises that incorrect names or pronouns can be used accidentally, but says intentional conduct intended to undermine a trans colleague should be investigated.
“Deliberate deadnaming or misgendering to deny, mock or invalidate a person’s trans identity is unacceptable and should be investigated as potential misconduct,” the document states.
It also notes that some employees hold beliefs rejecting trans or gender identities. Such views may qualify as protected philosophical beliefs under the Equality Act, although that protection does not necessarily permit harassment or discriminatory treatment of colleagues.
Name Changes and Medical Leave Addressed
Other sections of the guidance are intended to support trans employees during their transition.
Staff would be able to change their name and gender marker in internal computer systems from the beginning of their transition.
They could also receive paid time off or special leave for transition-related medical appointments in circumstances where they would otherwise have been fit to work.
The document stresses that information about an employee’s trans identity and medical history should remain confidential.
Cabinet Office Says Departmental Policies Are Under Review
A Cabinet Office spokesperson said individual government departments were reviewing their human resources policies following the Supreme Court ruling.
“Departments are expected to update their own HR policies, and these are currently under review. This guidance supports them to do that, and it would be inappropriate to comment while this is ongoing.”
The proposed approach leaves government departments attempting to balance the Supreme Court’s interpretation of the Equality Act with protections against gender reassignment discrimination, workplace harassment and breaches of employee privacy.
For trans civil servants, the concern is that arranging something as routine as using a toilet could now require disclosing deeply personal information to a manager.
