Talking toilets again....

"I just want to be able to piss — like, that's literally it."  

The updated Equality and Human Rights Code strikes fear into the hearts of Trans+ communities and concern into those of service providers. When it comes into effect on 5 August it will define for many how services and facilities should be delivered with respect to gender.  

As the proud steward of Watershed’s award-winning inclusive toilets, I have naturally scanned the code for what I can about toilet provision.  Because for Watershed, being a responsible venue owner means creating policies that make your least advantaged customers feel safe and welcome. 

Amongst the jumbled advice and conflicting examples, there isn’t much clarity for service providers beyond recognising toilets are necessary for everyone: 

• It suggests that where possible there is separate toilets for men and women as well as gender-neutral facilities 

• It does not advocate for policing gender: “it is unlikely to be proportionate or practical to ask for further evidence of a person’s sex.” 

• It does say you should have clear policies, and that before you write or change them you should understand the needs of your customers and consider who might be excluded from your services. 

And whilst the Code talks about proportionality, Trans+ communities were not included in its authorship. So, I undertook some paid consultation with a small range of people from the Trans+ Community, to ensure Watershed and other venues are taking their experiences into account.  

First, a little bit about the history of public toilets, which are really important pieces of civic infrastructure. The first flushing toilet in the UK was installed at The Great Exhibition of 1851 where visitors ‘spent a penny” each to visit them.  They were integrated into urban planning after World War Two, but more recently public facilities have become scarce with a reduction of around 50% of council-run public toilets since the early 2000s. With city centre toilets now often being provided by pubs, shopping centres and cultural venues – who will all be impacted by the code.  

The Royal Society for Public Health’s Taking the Piss research identifies what they call a  ‘urinary leash’ – one in five people state that a lack of toilets nearby can stop them leaving their home. 

“If someone cannot safely go to the loo - or cannot do so without betraying some core part of their identity - they are effectively unable to leave their home.  They cannot work. They cannot socialise. They cannot participate in political meetings. They cannot attend church. They cannot go to court. They have  effectively ceased to exist in public space.” Ian Dunt, May 2025 

Taking safe and appropriate toilets away from Trans+ people will impact their participation in public life. 

Despite the huge noise by gender critical campaigners about the presence of Trans+ people in toilets, Translucent’s 2026 report found that only four complaints about trans woman entering a “single-sex” facility have been documented since 2022. The Trans+ community however face daily harassment, surveillance and questioning in toilets. Mindful that many venues (with limited cash and space) will be thinking about their own provision the following is by no means representative of all Trans+ experiences, but this is what I heard:  

Trans+ people face a huge additional mental burden every day in performing a simple bodily function. One interviewee said they walked up to 20 mins across the city to use Watershed's toilets because they know in advance that it is safe to do so.  

“It feels like a sort of exhausting set of extra decisions and risk assessments you have to make on a daily basis just to do normal things." 

Before they visit a venue, most of the interviewees undertake their own toilets risk assessment to understand whether they are likely to be harassed or attacked for using the loo. Inside a venue they may decide to take a friend, skip handwashing, or not go at all to minimise the potential for harm.  Long queues and small venues increase the vulnerability as they increase the opportunities for surveillance. 

The interviews featured multiple recollections of painful and frightening incidents for Trans+ people entering toilets that staff or public felt didn’t align to their gender. These are not just tuts or looks – this is shouting, aggression and threats:   

"I had to unzip my jacket and open it to show that I had breasts."  

"She ran after me and shouted very loudly: 'No, you're not going in the right direction, the men's are over there.” 

I have also received multiple emails from parents who have shared that their children avoid drinking so that they don’t need to use a toilet that isn’t aligned to their gender identity.  

For many venues, the EHRC code will push Trans+ people towards accessible toilets, but is not an ideal solution. People are already policing disabled toilet users if they have invisible disabilities, and it reduces facilities available to those who need them.  

Studies have found that LGBTQ+ people are more likely to be neurodivergent than the general population. Feeling hypervisible can layer on other feelings of overwhelm and create an additional layer of challenge.  

“toilets need to be private once you are in the cubicle, but public when you are entering and exiting. This makes everyone feel safer” 

Those interviewed felt that Watershed’s toilet provision is a good model for what a venue should provide – creating the balance between being ‘safe for vulnerable people and reassuring for concerned people’. Individual cubicles with sinks, ambient music, a large doorway, the presence of staff nearby and the brightness of the space all contributed to a feeling of safety. Shared sinks and mirrors can make women feel vulnerable – particularly in nighttime social spaces where they feel scrutinised and vulnerable to sexual harassment.  

"What makes me feel safe is feeling like we're in this together." 

All the people I spoke with felt that visible Trans+ friendly signalling like flag and stickers helped them feel safe and welcome – especially in a venue they haven’t been to before. They spoke about the need for inclusive progamming that celebrates Trans+ identifies, how hosting community organisations with free space sends positive messages to the community and the need for cultural organisations to take visible positions: 

“there is a particular role for our institutions to help shift the discourse. When Public institutions even say something is a problem (like the EHRC code), it helps ensure the window of what is acceptable doesn’t automatically shift”. 

For Watershed, Trans+ communities are a loved and valued part of our audience, community and staff, and making sure they remain welcome and feel safe is the most proportionate thing we can do.  

Some further things to think about in terms of facilities: 

• Well-designed inclusive toilets are better for everyone – they reduce queuing time and work better for many groups including religious people seeking modesty, carers, families, people with illness as well as Trans+ communities. Avoid building toilets with cramped corridors where people have to walk past queues and may feel judged. We understand though this takes money and space. 

• Make your toilet provision clear on your website. Be clear and up front about your constraints if they don’t match up to what you would hope.   

• If disabled toilets are your only inclusive facilities you could be taking space away from disabled people, your equality assessment should reflect that. 

• Don’t make anyone ask staff for a key for accessible toilets,  this leads to people feeling vulnerable and surveilled, 

• Trans+ people may choose to use gendered toilets even if inclusive toilets are available. This might be because its gender affirming to do so, or because they are afraid of being in spaces with men. 

• Toilet symbols which feature half man / half women icons are alienating to many people as they foreground a gender binary. Watershed uses imagery which shows what is in the cubicle,  

• Avoid words like gender neutral (whose gender is neutral?) or single sex (often used in ways that are harmful to Trans+ identifies). Inclusive Toilets, Universal toilets or Toilets For All works well.  

• Make sure you have a clear policy that states that customers should not police each other (about anything) but should raise concerns with staff. This could take the form of signage that says “If you are being made to feel uncomfortable, please tell a member of staff” which protects everyone.  

• Venue staff need to be clearly trained on your policies, Trans+ needs/identities and how to de-escalate issues.  

Third Sector against Transphobia is working with charity and voluntary sector organisations across the UK who want to stay Trans+ Inclusive. 

A huge thank you to the members of the Trans+ community who took time to participate in this consultation.