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Reporting safety concerns if your employer has adopted a toilets policy that permits access based on self-identified gender

Step 1: Find out your employer’s policy on who can access which toilets
The relevant provisions will be contained within HR policies. These might have titles similar to:
Gender Identity policy, Gender Reassignment policy, or Transitioning at Work policy. The policy may
be on your employer's intranet, or you may need to ask your HR department. Ask as neutrally as
possible - there might be some reluctance to share these documents.

Step 2: Understand your protections as a whistleblower
You should read the official government information on
whistleblowing, your contract of employment
and any internal whistleblowing policy. This guide is not a legal document and is not written with the
intention of providing legal advice.

Step 3: Submit a concern to the Health and Safety Executive
The Health and Safety Executive (HSE) is a
prescribed body which can receive disclosures about
“the health and safety of individuals at work, or the health and safety of the public arising out of or in
connection with the activities of persons at work”.

You can submit your concerns using an online form on the HSE website, available here. Read the
webpage and click ‘Start now’.

The form consists mainly of short, simple questions such as the location of the issue and your
contact information. You can ask to remain anonymous from your employer.

Towards the end of the form there is a free text box asking “What is your issue?”. Annexe A of this
guide (below) provides example text that you can amend and enter into the form. The text box allows
3000 characters.

The HSE says that it aims to email you within 15 working days (3 weeks) to give you the outcome.

Step 4: If your concern is rejected, you can appeal
To appeal, email the HSE at You must do this within 10 days of the HSE telling
you the outcome. More details are available

Step 5: If you are not satisfied, you can complain
This guidance explains what you should do if you want to make a complaint because you’re unhappy
with the way that HSE has dealt with you or your situation.

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