Co-op has changed its transgender and non-binary inclusion policy, removing previous guidance that allowed staff to use the gender-specific toilets in which they felt safest.
Its former policy told colleagues working at sites with gender-specific toilets that they could use the facilities they felt most comfortable using and would not be expected to use disabled toilets instead. Those instructions have now been removed.
Under its updated policy, Co-op said it recognises that trans, non-binary and intersex colleagues may find it difficult to feel comfortable or safe using gendered toilets.
The grocer said that, wherever possible, it will instead provide “gender neutral individual lockable units, with inclusive signage”, while separate facilities will be provided to support the privacy, dignity and safety of staff.
Decisions around access to facilities will be handled sensitively and on a case-by-case basis, with employees ‘encouraged to raise any concerns with their manager’.
A Co-op spokesperson said the retailer had updated its transgender and non-binary inclusion policy following legal advice and consultation with colleague networks, in order to meet its legal obligations while continuing to support trans, non-binary and intersex staff.
The decisions follows the Supreme Court’s landmark April 2025 ruling that the terms “woman” and “sex” in the Equality Act 2010 refer to biological sex.
Earlier this month, a new statutory code of practice from the Equality and Human Rights Commission came into force, stating that where single-sex services such as toilets are provided, they should operate on the basis of biological sex, while organisations should consider suitable alternative provision for trans people.
The EHRC code specifically covers services, public functions and associations rather than employers, although businesses have faced growing pressure to review workplace policies following the Supreme Court judgment and subsequent legal developments.
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