Fury over official trans and non-binary guidance to HR staff: Gender-critical campaigners slam 'impractical' advice that says refusing transgender women access to female-only toilets at work may be discrimination

A major British industry group has been accused of publishing impractical guidance over whether self-identifying transgender women can use single-sex spaces.

The Chartered Institute of Personnel and Development (CIPD) states in a guide that refusing a transgender person female-only facilities could be 'discrimination' in law.

But Maya Forstater, chief executive of gender critical group Sex Matters, said the charity - which represents HR professionals - should 'start again' with its approach.

The CIPD's 'transgender and non-binary inclusion at work' guide encourages firms to create 'an environment where everybody can use facilities they feel comfortable in and best meet their needs, which should include some gender-neutral facilities'.

It adds: 'You can help by creating an environment where everybody can use facilities they feel comfortable in and best meet their needs, which should include some gender-neutral facilities. Refusing to allow a transgender or non-binary person to use the facilities they feel most comfortable in may be discrimination. 

'However you also need to show understanding to those who may be uncomfortable. Approaching any such discussions should be in the spirit of sharing concerns and building greater understanding and respect in the spirit of compassion and empathy.'

It comes amid changes to the law announced today that mean new restaurants, offices and shopping centres in England must provide single-sex toilets.

Former thinktank researcher Ms Forstater told the Daily Telegraph: 'We think the CIPD's guidance on trans and non-binary should be scrapped and started again. It's written in a way that sounds like it's taking everyone into account, but it's not usable.'

She added: 'The answer that 'you should consult and take legal advice' is not practicable. What we're talking about is a big company, retail or anywhere with lots of sites all over the country, some of them have a picture of a woman in a dress in the door.

'Are they female only? The answer can't be 'we'll take legal advice'. The answer has to be yes or no.'

It comes after Equalities Minister Kemi Badenoch asked people last Wednesday to give examples of how public bodies use incorrect guidance on access to single-sex spaces.

Her 'call for input' prompted a Mumsnet debate last week that saw one user claim: 'The CIPD guidance potentially impacts every workplace in the UK and definitely needs reporting.'

But a CIPD spokeswoman told MailOnline today: 'It is incorrect that our guide says it is discrimination to refuse a transgender person access to female only facilities - it says it may be discrimination under law.

'Our guidance, which has been informed throughout by advice from employment lawyers, makes clear that employers should listen carefully to employees and seek legal advice where necessary if making decisions over the use of toilets and other facilities.'

Ms Forstater also plans to report guidance on single-sex spaces from other business organisations.

In June last year, she was awarded £100,000 compensation by an employment tribunal after losing out on a job when she said people cannot change their biological sex.

It comes as new restaurants, offices and shopping centres in England will soon be required to provide single-sex toilets under changes to the law ministers say will 'alleviate safety, privacy and dignity concerns'.

Ms Badenoch said the move will end 'the rise of so-called 'gender-neutral' mixed sex toilet spaces, which deny privacy and dignity to both men and women'.

The legislation will mean that new non-domestic buildings must install separate toilet facilities for men and women, or, if there is not enough space, self-contained universal toilets, which are a fully-enclosed toilet room containing a sink and hand dryer.

Speaking about the changes, Ms Forstater told MailOnline: 'Many people will breathe a sigh of relief at this welcome return to common sense. 

'Single-sex toilets offer privacy, dignity and peace of mind for both sexes, but they're especially important for women and girls.'

She said a survey carried out by Sex Matters on why people appreciate single-sex spaces resulted in 7,000 responses in a week, mostly from women - many of whom said they felt uncomfortable or that mixed toilets were less clean.

Ms Forstater also said some were afraid of 'being in a confined space where a strange man could walk in, perhaps because they or someone they knew had experienced male violence or sexual assault'.

She continued: 'Safe, usable public toilets are something we take for granted, but they are crucial for inclusion of women in public life.

'From building regulations to signage to workplace policies and training, it is important to have joined-up regulations which make clear that single-sex facilities are single sex.'

Ministers said a consultation on the proposals showed 81 per cent agreed with the intention for separate single-sex lavatories, while 82 per cent agreed with the intention to provide additional universal toilets where space allows.

The regulations will also apply to businesses and hospitality venues undertaking 'major refurbishment'. There will be exemptions for schools, residential homes and premises used mainly for early years provision.

In schools, separate toilets for boys and girls aged eight years and over must already be provided.

Last week, Ms Badenoch appeared to suggest gender-neutral toilets at a school could see young girls avoiding using those shared facilities and ending up with urinary tract infections.

It came after Health Secretary Victoria Atkins announced plans to overhaul the NHS Constitution, ensuring hospital patients in England have the right to request to be treated on single-sex wards, with transgender people placed in rooms on their own.