If the a physiological male seeking to accessibility a ladies services holds a GRC which can be legally a female, this new comparator having lead discrimination is a woman who would not hold a beneficial GRC or that would not want to transform sex
Leaving this matter away for now, if all the currently current single-intercourse characteristics normally consistently belong to this new different establish during the Sch step three, around next continues to be the issue of exception to this rule. Sch. step three con el fin de. twenty-eight allows for solitary-gender features in order to discriminate on the basis of sex reassignment so a lot of time since it is “an effective proportionate technique of achieving a legitimate aim”. Adopting the FWS2 judgment this can mean that a physical male whom keeps a beneficial GRC stating that they are legitimately ladies which was excluded from 1-gender services will be reported to be legitimately female toward reason for this new Equality view it now Operate. Such as features can invariably ban physiological men on such basis as both sex, if they do not hold a GRC, or gender reassignment, once they would hold an effective GRC.