Plymouth Active Implements Discriminatory Policy After Religious Group's Request

Plymouth Active Leisure Limited, wholly owned by Plymouth City Council, has admitted to running "women only" swimming sessions based on "birth sex" criteria - effectively barring trans women from participating in women-only sessions at publicly-funded pools.

Religious Groups Get Special Treatment

In a revealing Freedom of Information response obtained by PlymLeaks, Plymouth Active admitted the segregated sessions were created "following a request from a religious group" and continue to operate to meet "religious belief" requirements.

The company stated that allowing transgender women to attend would "render the session ineffective" because it was "requested for religious reasons."

Plymouth Active confirmed they use UK Active's guidance which allows operators to exclude trans people if there is an "objectively justifiable" reason - in this case, accommodating religious beliefs that require sex segregation.

No Men's Sessions

When challenged about why no equivalent men-only sessions are offered, Plymouth Active claimed women-only sessions were justified by "extensive insight that evidences such sessions are required" - but provided no similar evidence supporting male-only swimming.

The company stated: "Women Only sessions have been provided because of the aforementioned request and in response to extensive insight that evidences such sessions are required."

However, they offered no explanation for why men seeking similar accommodations - whether for religious reasons, body confidence, or medical recovery - are not afforded the same consideration.

"Birth Sex Must Be Considered"

Most controversially, Plymouth Active explicitly confirmed their policy discriminates based on biological sex rather than gender identity.

"The ladies only swimming session is sex segregated," the company stated. "Whilst we endeavour to include all individuals, these sessions were started following a request from a religious group and therefore birth sex must be considered."

The company admits they would need to "discuss this with the customer" if a transgender woman sought to attend, and would attempt to "find a suitable alternative session" - effectively creating a two-tier system for women based on their birth sex.

Legal Questions Raised

The policy raises serious questions about compliance with equality legislation. The Equality Act 2010 prohibits discrimination based on both sex and gender reassignment in the provision of public services.

While the Act does permit some single-sex services in limited circumstances, some may question whether publicly-funded leisure facilities can lawfully exclude transgender people to accommodate religious preferences.

The fact that Plymouth Active is wholly owned by Plymouth City Council adds another layer of complexity, as local authorities have specific duties under the Public Sector Equality Duty to advance equality of opportunity and eliminate discrimination.

Public Money, Private Beliefs

Plymouth Active's admission that these sessions were created specifically for a religious group raises questions about whether public facilities should prioritise religious beliefs over equal access.

The company receives substantial subsidies and investments from Plymouth City Council to operate leisure facilities across the city, including Plymouth Life Centre and Tinside Lido. These facilities are paid for by all Plymouth residents through their council tax, regardless of their religious beliefs or gender identity.

Council Accountability

Plymouth City Council, as the sole owner of Plymouth Active, bears ultimate responsibility for the company's policies and practices. The council's oversight of its subsidiary company's approach to equality and discrimination will now face scrutiny.

The revelations come as transgender rights remain a contentious political issue, with public bodies across the UK grappling with how to balance competing rights and beliefs in publicly-funded services.

What Plymouth Active Says

Plymouth Active defended their approach, stating: "These sessions continue and have females attend for varying reasons from religious belief through to medical scarring, operation recovery, obesity etc. Such sessions have assisted females who would not normally attend."

The company claims to follow UK Active guidance which provides "useful context" for determining when trans people can be excluded from sessions.

However, the approach raises questions about whether religious accommodation should override equality protections in publicly-funded services.

About this story: This investigation is based on a public Freedom of Information Act response obtained in June 2024.

PlymLeaks is conducting further investigations to uncover the full extent of potentially discriminatory policies. We will continue investigating this matter and publish further findings as they become available.