Newnham College's unisex toilets risk breaching equality laws, campaigners warn

Cambridge University's oldest women-only college, Newnham, is drawing scrutiny over its toilet policy after campaigners warned that the absence of single-sex facilities could breach equality laws. Founded in 1871, Newnham houses about 700 students and has long been described as a lively and sociable women's college run by women, for women. The college’s lavatories are described as non-gendered, meaning they can be used by people of any gender.

Advocates say the layout could discriminate against women in light of the Supreme Court ruling in April that the definition of a woman for purposes of the Equality Act is based on biological sex, and that a gender recognition certificate does not alter a person's legal sex. The Equality and Human Rights Commission issued interim guidance indicating that toilets, showers and changing facilities may be mixed-sex if they are in a separate room lockable from the inside. The Telegraph reported that Newnham's facilities consist of either bathroom cubicles in rooms available to both men and women or fully enclosed, lockable rooms.

Campaigners including Helen Joyce, director of advocacy at Sex Matters, described Newnham's policy as shameful and argued that removing single-sex facilities risks privacy and safety for women. Susan Smith, speaking for For Women Scotland, said the college appears uncertain about who qualifies as a woman and urged leadership to reconsider the transgender-related policy and restore single-sex facilities.

In August, Newnham announced that transgender women applicants would be barred from applying for a research fellowship, requiring that applicants be assigned female at birth and provide identification documents to prove gender. The Feminist Gender Equality Network condemned the policy as segregationist and harmful to the college’s longstanding reputation for inclusiveness and fairness.

The debate extends beyond Cambridge. At University College London, women who wished to remain anonymous for fear of vilification alleged that trans women have been allowed to use female facilities. UCL said it is reviewing policies in light of the Supreme Court ruling and awaiting updated guidance from the Equality and Human Rights Commission, while conducting a facilities audit to ensure the estate meets community needs. A UCL spokesperson emphasized a commitment to a diverse and inclusive community and to ongoing analysis of policy implications.

A spokesman for Newnham College said the institution remains proud to be a women's college with an inclusive culture that includes members who identify as LGBTQ+. The college notes it offers a range of facilities, including en-suite and fully enclosed, lockable toilets, and that it will monitor changes in legal requirements in response to the ruling. Newnham said it would continue to evaluate its policies in light of evolving legal guidance.

The issue at Newnham, alongside similar debates at other universities, highlights ongoing tensions in the UK over how to balance privacy, safety and inclusion in single-sex spaces following landmark court rulings and interim EHRC guidance. As legal definitions and administrative guidance evolve, institutions face decisions about facility design and eligibility criteria that affect students, staff and applicants nationwide.