SNP warned to update guidance on single-sex spaces within days
Sex Matters, the human rights charity, issued a fresh ultimatum to ministers to update the policy on access to lavatories in government properties.
It called on them to 'provide clarity to staff and visitors that separate-sex facilities are provided on the basis of biological sex'.
The body said legal action could be launched 'without further warning' if the SNP failed to stop ' unlawful practices ' by Wednesday.
The move follows a threat of legal action made by the charity last month unless policies allowing trans people to access women-only spaces were 'suspended with immediate effect'.
John Swinney, the First Minister, has said Scotland's public sector should await guidance on implementing the ruling from the Equalities and Human Rights Commission (EHRC) before acting.
Correspondence released by the charity showed that on June 27, the Scottish Government responded that it 'accepts the judgement of the Supreme Court' in April and is taking action to implement the ruling.
It includes establishing a Short Life Working Group to help 'towards a state of readiness to take all necessary steps to implement the ruling'.
In a response sent on Wednesday, Sex Matters said it suggests that the Scottish Government 'now recognises that it cannot wait for the EHRC to finalise its guidance before taking necessary steps to bring its own policies in line with the law'.
It said a 'particularly straightforward and urgent step' is for SNP ministers to recall the policies on single-sex facilities in workplaces controlled by the Scottish Government.
Sex Matters pointed out that the Scottish Government estate is made up of 66 owned and leased sites, including offices, stores and buildings in the field.
It said these are 'well-provisioned with toilet facilities, with a total of 1,016 available across the core estate' for about 9,000 staff.
The charity added that toilets are generally provided as a mixture of unisex 'superloos' and traditional separate-sex cubicles urinals, as part of the commitment to meet the needs of all staff including 'providing the best support possible for all trans members of staff'.
Of the total number of toilet facilities, 18 per cent are provided as 'superloos'; a toilet and wash-hand basin in a separate room, lockable from the inside, intended for use by one person at a time.
The Scottish Government's Trans and Non Binary Equality and Inclusion Policy states that ' trans staff should choose to use the facilities they feel most comfortable with'.
In its letter, Sex Matters argued: 'The problem is not lack of infrastructure, but that the Scottish Government has been, and continues to operate an unlawful policy on toilets in its workplaces.
'That is male staff who identify as trans or non-binary can use the 'women's' facilities and female staff who identify as trans or non-binary can use the 'men's'. This policy is clearly unlawful.'
The letter states: 'As far as we can see there is nothing to stop the Scottish Government immediately bringing the policy on toilets into line with the law, by making a statement that all facilities designated as male or female within the Scottish Government estate are to be interpreted as meaning biological sex, and that gender-neutral options are widely available.'
It adds: 'This would be in line with the Supreme Court judgement and the action taken by the Scottish Parliament. It is clearly a reasonably practical step in order to address the risk of individuals using opposite-sex toilets and other facilities.'
Scottish Conservative equalities spokesperson Tess White MSP said: 'The SNP government must stop dragging its heels.
'The Supreme Court ruling was crystal clear, and so was the Equalities and Human Rights Commission's guidance in the wake of it, so there is no excuse for the SNP failing to comply fully with the law now. John Swinney's dithering is creating confusion where there should be none.'
A Scottish Government spokesperson said: 'The Scottish Government has made clear it accepts the Supreme Court ruling and since April has been taking forward the detailed work that is necessary as a consequence of the ruling. That work is ongoing.'
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