Monday, July 30, 2007

Law and Toilets...

Hmmm. I've been doing some research on British Law as it relates to the transgender person and toilet facilities.

First, to get it out of the way, the Licensing Act 2003 makes no mention of toilet facilities, except as an Environmental Health issue. See Great Yarmouth Borough Council Statement of Licensing Policy for more information.

The Health and Safety at Work Act 1974 states that workers must have access to separate toilet facilities, but does not specify how they are used. However a test cast of a pre-op failed because the person had had worked for the company as a man, and female co-workers were uncomfortable with 'her' presence. Here I think the key aspect is that complaints were made.

Also, see what the the Equal Opportunities Comission says on a related topic:

Can a pub refuse to serve a transsexual person?

Discrimination against transsexual people is unfortunately not unlawful in the area of goods facilities and services as it is in employment but there is a strong argument that it should be so. Test cases still need to be brought on this issue in the County Court. So far, cases have been taken to clarify the law on this issue but have settled before hearing. In one case, a transsexual woman had visited a pub on a number of occasions when she was told by the landlord not to come to the pub any more because he claimed that her presence was affecting his business. The case settled with the landlord acknowledging that he had discriminated unlawfully against her. She received an apology and an undertaking from the landlord not to discriminate against her in future, as well as compensation and a contribution to her legal costs.

Its a tricky subject. The statute law pre-dates the Gender Recognition Act, and there is not enough case law for there to be a clear direction.

Plus all of it hinges on officially labelling oneself Transgender.

I don't think I'll be taking V to court any time soon. I think I'll settle for boycotting the place and telling my tale.

Its a dive anyway. I'll suffer no hardship.

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