Supreme Court Rules On Legal Definition Of 'Women' Under The Equality Act 2010

In the case of For Women Scotland v The Scottish Ministers, the Supreme Court has ruled that the terms ‘man’, ‘woman’ and ‘sex’ in the Equality Act 2010 means “biological sex”.

The case centred on the Scottish government guidance that trans women with a Gender Recognition Certificate (GRC) should be considered “women” under the Equality Act 2010.

The Supreme Court has disagreed, stating this interpretation undermines the structure of the Equality Act 2010, particularly around areas such as single-sex facilities, services, pregnancy, maternity, and other sex-based protections.

Although this case was held within a Scottish court, the outcome will also apply to England and Wales and will have wider implications on other sex based discussions and matters. 

It’s important to note for employers that this ruling does not remove or reduce existing legal protections for trans individuals. The Equality Act still continues to provide protection under the characteristic of ‘gender reassignment’. This includes protection from direct and indirect discrimination, harassment, and discrimination by perception or association.

We will be reviewing all of our documents and policies once the full judgment and information is available to us. Any updates will be made and shared automatically with retained clients as appropriate. 

If you are an employer who doesn’t currently have our documentation and need support in this task please reach out to us at hello@inspired-hr.co.uk to see how we can support you. 

If you have any questions or concerns regarding this or any other employment subject, please get in touch with the team on 0191 205 8020. We're here to support you.