Transgender civil servants can STILL use bathrooms of their selection as a result of Government has not scrapped outdated guidelines, girls’s rights campaigners say

Transgender civil servants are still being allowed to use the toilets they want because the Government has not yet scrapped its outdated rules, it has been claimed.

Under an old ‘gender identity policy’ that is thought to remain in place across Whitehall despite major legal changes over the past year, officials are allowed to decide which single-sex facilities including lavatories ‘are the best match for their gender identity and expression’.

The 2019 document also warns civil servants they face being bullying accusations for misgendering, which can include using the wrong name or pronouns for a transgender colleague or ‘refusing to accept an individual’s gender identity’.

Women’s rights group Sex Matters has now warned Britain’s top civil servant Sir Chris Wormald he must either withdraw the guidance immediately in the light of recent developments and tell departments to disregard it – or risk being sued.

The charity pointed out that the Supreme Court ruled back in April that sex is defined by biology and not gender identity for the purposes of the Equality Act.

Cabinet Office minister Pat McFadden accepted soon afterwards that the ‘logical consequence’ of the court ruling, backed up by interim advice from the equalities watchdog, was that transgender civil servants would be forced to use toilets that match their biological sex rather than their gender identity.

In addition, two Government departments pledged to revise their policies in January so that gender-critical civil servants would no longer be labelled transphobic, after an Employment Tribunal case brought by a woman who said she was forced out of her job because of the spread of trans ideology.

Helen Joyce and Maya Forstater of the women’s rights charity Sex Matters celebrate outside the Supreme Court after it ruled that sex is defined by biology and not gender identity

Maya Forstater, chief executive of the charity said: ‘Enough is enough. The Cabinet Office has had years to revise its deeply problematic 2019 model policy which gets the law wrong and undermines dignity, privacy and freedom of expression. It is still in force and impacts the working life of half a million civil servants, with knock-on effects for the work they do and the advice they give to ministers.

‘The government’s lawyers know that the law is the law, and the Supreme Court judgment has made clear that having a transgender identity is not an access-all-areas pass. The Cabinet Office’s policy is completely untenable.

‘Continuing to allow trans-identifying individuals to invade toilets and changing rooms meant for the opposite sex, and subjecting those who complain to career-damaging disciplinary procedures, is not just unlawful but could be a criminal offence by the head of the civil service.

‘We have asked the Cabinet Office to either confirm that it still thinks its model policy is lawful or else withdraw it. If the unlawful policy remains in force, Sex Matters will be considering our next steps in terms of legal action.’

It comes as Labour ministers face growing pressure to release the crucial code of practice updated by the Equality and Human Rights Commission (EHRC) in the wake of the Supreme Court ruling.

The 300-page document was sent to ministers nearly three months ago but has still not been published, prompting claims that equalities minister Bridget Phillipson fears the political backlash.

A leaked copy seen by The Times showed that the guidance advises that transgender women can be challenged on the basis of their looks if they try to access female-only changing rooms or toilets.

Asked to explain the delay in publication, children’s minister Josh MacAlister told Times Radio on Thursday: ‘Because these are massive issues and I think that the public now looking at the draft guidance from the EHRC will recognise that when you drill down into examples of how this might be applied, it has big implications for individuals, it has big implications for businesses and public services, and it’s not even been three months.

‘So what we’re doing is taking time, we’ve got to consult with devolved administrations and we want to get this right.’

The Government is under pressure to update its rules on which toilets should be used by transgender civil servants in the wake of April’s landmark judgment

Shadow equalities minister Claire Coutinho said: ‘The devil will be in the detail, but this guidance seems clear, sensible, and most importantly it accurately reflects the law.

‘But we shouldn’t have to read leaks in the papers. The guidance has been sat on Bridget Phillipson’s desk for months and she has done nothing to publish it.

‘Every day of delay puts the dignity, privacy, and even safety of women at risk as organisations deliberately or accidentally break the law.’

A Government spokesman said: ‘We review and update guidance wherever necessary to ensure it complies with the law, including the UK Supreme Court judgment.

‘The EHRC has submitted a draft Code of Practice to Ministers. This is a long and legally complex document and we are working quickly to review it with the care it deserves.’