Staff across Hampstead Heath’s bathing ponds have been barred from discussing the Supreme Court’s recent judgment reaffirming that “sex” in the Equality Act 2010 means biological sex. The ruling has major implications for the legality of single-sex services — yet the City of London Corporation, a public body bound by equality law, is maintaining a policy of gender self-ID and has instructed staff not to talk about it.
The gagging notice followed the Corporation’s confirmation that its gender self-ID policy would “remain in effect at this time” at both the Men’s Pond and Kenwood Ladies’ Pond – two of the three bathing facilities on Hampstead Heath, the third being a mixed-sex pond. Under the current policy, trans individuals can choose whichever pond aligns with their gender identity, including the single-sex pools.
An internal notice warns staff not to “get drawn into any conversations” about the ruling and to report any swimmer who exhibits “inappropriate behaviour” over the issue.
What constitutes “inappropriate behaviour” isn’t specified — citing Schedule 3 of the Equality Act, perhaps, or asking whether ideological conviction now outranks the highest court in the land. Either way, it’s a notable omission, given that staff are being instructed to remain silent on a matter of legitimate public interest.
Legal experts say continuing to label Hampstead Heath’s facilities as “men’s” or “ladies’” while permitting access on the basis of self-identified gender could also now expose the Corporation to legal challenge, particularly where the resulting provision excludes biological women seeking single-sex privacy.
