Earl Shilton Town Council v Miller [2023]

Background:

The employer, the Town Council, operated from a building owned by the Methodist Church.  Part of the building was used by the Town Council and another part of the building was used for the purpose of a playgroup.  The issue arising was that the men’s toilets were included in part of the building used by the Council yet the women’s toilets were in the part used by the playgroup.   This led to the employee taking an action citing sex discrimination.  This was primarily based upon the fact that if they wanted to use the women’s toilets they would have to check to see if a child was present.  They were later offered the use of the men’s toilets but