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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23745
Experience:  Senior Partner at Berkson Wallace
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I was wondering how the law is regarding trans toilets, I'm

Customer Question

Hello
JA: Hi. How can I help?
Customer: I was wondering how the law is regarding trans sexual toilets
JA: Where is this? It matters because laws vary by location.
Customer: I'm a Christian and was under the impression trans people had to be in their new sex for 2 years before using their new sex bathrooms
JA: What steps have you taken so far?
Customer: I've asked work but they find it easier to ask me with my Christian beliefs to forget it ,if it's law I have no problem but I'm just wondering cause if it's not legal then it's wrong
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No - just a simple question when can transgender s use their chosen sex toilets as I was under the impression they must have a Gender certificate and live in their chosen sex for 2 years
Submitted: 12 days ago.
Category: Law
Customer: replied 12 days ago.
It's in my work
Expert:  Stuart J replied 12 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Who is your employer?

is this a transexual male or woman and which toilet do they wish to use?

and have you raised your concerns with HR?

Customer: replied 12 days ago.
It's a woman turning into a man
I raised the issue a few times but I've been told to let it be - seems it easier to pick out the Christian than find an answer
Customer: replied 12 days ago.
Woman turning to a man
She is using the male toilets
If law so be it if not then it shouldn't happen
Customer: replied 12 days ago.
I'm in Scotland
Customer: replied 12 days ago.
I'm under the impression they need a Gender Recognition Certificate and to show they have lived in their new sex for 2 years
Customer: replied 12 days ago.
I'd rather not give details of my employer but we supply to a High Street retail supermarket
Expert:  Stuart J replied 12 days ago.

The law is no different in respect of this whether you are in England or Scotland and I will tell you now that I share the same concerns as you but, I don’t make the law, I just regurgitate it.

However your understanding is correct that the person has to have lived in their acquired gender for at least 2 years.

Here it is from the government

https://www.mygov.scot/gender-recognition-certificate

which then refers you to the England & Wales government website

https://www.gov.uk/apply-gender-recognition-certificate

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 12 days ago.
Thankyou
Expert:  Stuart J replied 12 days ago.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer with your legal problem.

Customer: replied 12 days ago.
Thankyou - though see as the female who wants to live as a male ,we agree it's 2 years they must live like this.
Now to live like a male does that mean using the male toilets OR in everyway but legally they are still female and therefore under 2 years they must use female toilets?
Expert:  Stuart J replied 12 days ago.

Your interpretation is correct.

As a general principle, I am with you, I don’t agree with the way the law looks at this.

If you put a dog in the garage, it does not become a car simply because you want it to become a car.

However that’s a political debate.

Customer: replied 12 days ago.
Thankyou so much for your help
I just didn't like the fact in total I have spent 60 mins speaking to different managers and Ops managers in this subject ,getting ordered to their office to be told told back down and to live and let live
YET the transgender they don't get pulled in to use the proper toilet and to live and let live
It actually seems easier to pull someone with faith than tackle the real issue or speak with the transexual
To me it's actually a form of discrimination lol lol
God Bless you Sir ,probably the best 5 pound I spent
Expert:  Stuart J replied 12 days ago.

Be careful.  The world has gone mad.

Although to use the “other side” toilets they need to have a gender reassignment certificate, the right not to be discriminated against in general with regard to gender reassignment applies from day 1.

To my mind, day 1 is the first day of the certificate but the employer will not want the grief and they will just nod politely and tell you to back off and leave it alone.  In my opinion that is wrong but that’s the view the employer will take.To be frank, it is probably positive discrimination that you are experiencing.

I am with you 100%.

Customer: replied 12 days ago.
Totally
By no means would I discriminate ,if the transgender has been this way for 2 year with a certificate then so be it ,although totally against law is law
Just wish my employers could explain to the transexual that "law is law" instead of positively discriminating against me
Your right the world's gone mad
Customer: replied 12 days ago.
you lawfully believe they need the GRC
Expert:  Stuart J replied 12 days ago.

Until there is a certificate, the person has to use their birth gender and gender -related facilities

Customer: replied 12 days ago.
Sir I thankyou so much - I do not discriminate I speak and treat all the same - but it's an issue which needs stood up to
I thankyou for your advice and wish you all the best
Expert:  Stuart J replied 11 days ago.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer with your legal problem.

Customer: replied 9 days ago.
Hello just 1 more thing-
In the workplace it is known we all take a few extra minutes during break.
I've noticed that some people are being pulled in by the managers and of course rightly so - but others are not. Surely this is discrimination?
When I ask to see others break times they say it's confidential so therefore I can't compare but others take times worse than others and nought said
It may seem very petty but it is discrimination surely
Customer: replied 9 days ago.
How can I prove the discrimination if I can't see others break times -
Expert:  Stuart J replied 9 days ago.

It is not discrimination to treat somebody differently provided it is not on the grounds of any of the Protected Characteristics under the Equality act such as sex, race, religion, gender assignment et cetera.

Customer: replied 9 days ago.
Thankyou again - much appreciated
Expert:  Stuart J replied 9 days ago.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer with your legal problem.