Supreme Court’s Ruling on the Definition of ‘Woman’, ‘Sex’ and ‘Man’
On 16th April 2025 the Supreme Court provided clarity in defining ‘sex’ within the Equality Act (2010).
Background
The case of For Women Scotland Ltd v The Scottish Ministers arose following the Scottish Government’s statutory guidance on the Gender Representation on Public Boards (Scotland) Act 2018 within which the definition of ‘woman’ included ‘a person who has the protected characteristic of gender reassignment (within the meaning of section 7 of the Equality Act 2010) if, and only if, the person living as a woman and is proposing to undergo, is undergoing or has undergone a process (or part of process) for the purpose of becoming female’.
The organisation For Woman Scotland Ltd argued by applying the definition of ‘woman’ within the GRPB Act single-sex spaces were being threatened. The organisation brought judicial review proceedings to challenge the lawfulness of the Scottish Government’s guidance with the Government’s assertion that ‘woman’ had a different meaning than the definition of ‘woman’ within the Equality Act 2010.
Following unsuccessful judicial review proceedings, the organisation appealed to the Supreme Court. Judgment from the appeal was handed down on 16 April 2025.
Judgment
The Supreme Court ruled that acquiring a gender recognition certificate does not change what sex the person is under the Equality Act 2010.
The definition of sex was determined to mean ‘biological sex’ and does not extend to ‘certificated sex’.
Impact of Judgment on Employers
Employers are reminded that the Judgement does not remove the protection from discrimination for a transgender person as gender reassignment remains a protected characteristic.
The Judgement may have implications for employers when applying policies and procedures for single-sex spaces and occupational requirements such as facilities and dress codes.
Employers may therefore need to review their policies to ensure they reflect the current legal position. Specifically, policies relating to equality, diversity and inclusion. Furthermore, updated diversity training may need to be provided to employees on the clarified legal definition of sex.
For further advice and assistance in employment law matters please contact Natalie Peacock at natalie.peacock@rogers-norton.co.uk or phone 01603 675674
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*This article is provided for general information purposes only and does not constitute legal or any other professional advice.