Derek Mitchell of Citizens Advice Scotland wrote to his 214 workers warning them the changes would not be reversed

Workers at a national Scottish charity have been told by their CEO they will no longer be allowed to “debate” the implementation of a workplace bathroom policy which stops trans people using facilities in line with their gender.

Derek Mitchell, CEO of Citizens Advice Scotland (CAS), wrote to all staff earlier this month warning that “internal discussion” on the matter would need to be paused following a “small number of colleagues” shared “questions and reflections” on the topic. 

The change, which saw a change to CAS’ bathroom policy to create three sets of bathrooms, came into effect in May 2025. 

CAS now provides male-only toilets for use only by “biological men”, female-only toilets for use by “biological women”, as well as a single-occupancy WC, which any staff member can use. 

Mr Mitchell said the changes were brought into place after a UK Supreme Court judgement “clarified that the terms ‘woman’, ‘man’, and ‘sex’ in the Equality Act 2010 refer to biological sex”. 

In an email leaked to The Ferret in June, Mr Mitchell said to staff that CAS was bound by “legal constraints” following the ruling and in response to interim guidance published by the Equality and Human Rights Commission (EHRC). 

The EHRC made several updates to the interim guidance, before eventually withdrawing it entirely on 15 October.

Legal experts have argued the guidance was “rushed, legally flawed, and overly simplistic”.

The Good Law Project argues the interim guidance, while it was in place, caused “an immediate and devastating impact on trans people’s lives, causing rapid changes in policies which excluded trans people from accessing services which they had been using for years”. 

In an email sent to all staff at CAS, Mr Mitchell said: “Since my last message, a small number of colleagues have continued to share questions and reflections on this topic. I very much appreciate these comments come from a place of care and genuine concern, and I want to thank those who have engaged thoughtfully and respectfully. 

“We have recognised from the outset that this issue touches deeply on personal experiences, beliefs and identity, and that it can evoke strong feelings. In such a sensitive context, we are in a difficult position and I recognise we cannot create a solution that feels fair to everyone. We’ve listened carefully to all feedback, and we continue to value the diversity of views that exist within our organisation. 

“At this stage, however, we need to pause further internal discussion on this matter. This is not intended to limit anyone’s right to hold or express their beliefs, nor to prevent individuals from raising legitimate concerns under our grievance policy. Rather, it’s to ensure that as a workforce we focus on our wider organisational priorities and maintain a respectful working environment. 

“CAS is compliant with the law as it currently stands, and there are no new steps for us to take at this time. Should there be any changes to the legal position in the future, we will review them carefully and communicate any implications for CAS. 

“In the meantime, I ask colleagues not to re-open internal debates on this issue through work email, meetings or other internal channels during work time. If anyone continues to feel affected by this matter or believes they have experienced treatment contrary to the Equality Act 2010, please reach out to HR or our Employee Assistance Programme for confidential support. Individual concerns may also be raised via our grievance policy. 

“Thank you for your continued professionalism and respect.”

The message has caused significant upset and concern in the workplace, including over the potential for members of staff to be ‘outed’ at work as a result of changes to bathroom policies. 

One member of staff told TFN: “What I find really worrying is that Citizens Advice Scotland is an important part of the human rights and advocacy landscape here, but that they’re seemingly leaving one really vulnerable group behind. 

“All of their responses to valid questions, such as how this policy will even be enforced or whether the charity has taken any legal advice, have not been met with any recognition of their responsibilities to trans folks under the Equality Act or in line with the recently published People Strategy for the organisation. 

“Many colleagues were at the Scotland Demands Better march recently; the email from Derek makes me question who we are demanding better for, and who we’re leaving out.”

The issue arises as the Good Law Project is in court challenging the EHRC’s interim guidance. 

The legal group appeared in the High Court for a hearing on November 12 and 13. 

Alongside three individual claimants who were adversely impacted by the guidance, they argued difficult and complex issues weren’t determined or even considered by the Supreme Court in its ruling in April. 

The claimants argue the EHRC is wrong to suggest that single-sex provision such as women’s toilets can't be made on a trans-inclusive basis, adding the EHRC is also wrong to say that employers have to provide facilities for "men" and "women" that exclude trans people, or else provide individual, lockable rooms.

CAS was approached for comment by TFN, and asked whether the charity had taken legal advice since the interim guidance was withdrawn, and whether the changes made earlier this year would be reversed. 

The charity was also asked whether staff would be disciplined if they continue to discuss this matter, and if so, how this would be enforced. 

In a statement, Mr Mitchell told TFN: “Citizens Advice Scotland is focused on a single overarching mission: supporting people in our communities who are experiencing poverty and harm. Every minute of our working day is spent helping people through crisis, improving lives, and, in many cases, saving them. That mission guides every decision we take.

“We care deeply about our colleagues and are proud of the progressive, people-centred culture we have, and continue to grow across our organisation. The people journey we have been on is nothing short of incredible. With 214 staff working tirelessly to deliver vital services, we continually ask what more we can do to support them, ensure their wellbeing, and create a respectful and safe working environment where everyone can thrive.

“We recognise that recent national developments have placed organisations across the UK in situations where there are no easy or perfect solutions. Like many employers, we are required to navigate these complexities carefully, balancing our legal responsibilities with our commitment to uphold the dignity and wellbeing of everyone who works at CAS. We continue to engage constructively with colleagues, including through our established EDI Working Group, and we will review our approach should the legal position change in the future.

“As an organisation, our priority is focused on delivering advice and support to people across Scotland who rely on our network every day; support that becomes even more critical during winter, when demand for our essential frontline service is never higher.”