Trans civil servants will be required to use toilets based on their biological sex and could face discussions with managers about facility access, potentially outing them, according to a leaked government model policy obtained by Metro. The guidance also warns that repeated deadnaming or misgendering of trans colleagues could lead to misconduct investigations.
Toilet policy forces trans staff to discuss access with managers
The Cabinet Office's model policy, marked 'sensitive', states that trans employees 'may not use facilities of your affirmed gender which are designated as single-sex.' It clarifies that having a Gender Recognition Certificate (GRC) 'does not alter your sex' for accessing single-sex spaces. Instead, trans staff must use mixed-sex or unisex facilities, or toilets matching their biological sex.
The guidance makes clear that toilet access 'is a matter for the Department to manage and cannot be decided by you alone,' requiring trans employees to 'discuss the options and agree on the most suitable arrangement with your line manager.' This contradicts the policy's own statement that there is 'no legal requirement for you to tell anybody' about being trans.
Rights groups decry 'coercive trap'
Steph Richards, CEO of TransLucent, called the policy a 'coercive trap,' noting that '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 Good Law Project described the policy as 'discriminatory, and will cause immense harm to trans employees.' Jess O’Thomson, trans rights lead at the group, added: 'Trans people should not be forced into third spaces, which creates stigma, and risks outing them. Trans people will now be forced to explain to their colleagues why they are suddenly using different facilities, even if they have been using the appropriate toilets for decades.'
Misconduct probes for repeated misgendering
The 29-page policy also addresses deadnaming and misgendering, acknowledging they can 'happen accidentally' or due to 'neurodivergent condition or memory issue.' However, it warns that 'deliberate deadnaming or misgendering to deny, mock or invalidate a person’s trans identity is unacceptable and should be investigated as potential misconduct.'
Despite this, the guidance notes that 'some employees do not believe in trans or gender identities,' a belief protected under the Equality Act 'if this is a philosophical belief.' It adds that this does not permit 'indiscriminately and gratuitously refer to a trans person in terms other than they would wish.'
Gender critical campaigners also criticise policy
Maya Forstater, CEO of Sex Matters, welcomed the toilet access rules but called the pronoun guidance 'shockingly biased.' She said: 'Most people don’t think men can be women or vice versa... They will naturally refer to men as men and he/him... Their lack of belief in gender identities is the norm, not the exception, and is also protected in law. To say that it might lead to a workplace disciplinary unless the speaker is neurodivergent or has some other special excuse is unjustified and discriminatory.'
Audrey Ludwig MBE, an equality law specialist, added: 'Civil servants should not face disciplinary action merely for expressing a lawful belief or for accurately referring to biological sex where this is relevant... Any trans or misconduct policy must carefully distinguish between unlawful harassment... and the legitimate exercise of protected rights to freedom of belief and expression.'
Other policies in the guidance
The Cabinet Office guidelines also allow trans employees to change their name and gender expression in IT systems from the start of transition, grant paid time off for medical appointments related to transition, and permit dressing in accordance with affirmed gender. Refusing this could be considered discrimination. The policy stresses keeping a colleague’s trans identity and medical status confidential.
Departments are still consulting on the rules they will formally adopt. A Cabinet Office spokesperson said: '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.'
