The UK Supreme Court has ruled that the terms ‘woman’ and ‘sex’ in the Equality Act 2010 refer specifically to “biological woman” and “biological sex.” This landmark decision, delivered on 15 April 2025, clarifies that for the purposes of the Equality Act, a person’s sex is determined by biology, not by gender recognition certificates (GRCs) or self-identification.
Background to the Ruling
The case arose when the campaign group For Women Scotland challenged Scottish government guidance which had stated that individuals with a GRC recognising their gender as female would be considered women under the Gender Representation on Public Boards (Scotland) Act 2018. The Supreme Court’s judgment means that, even with a GRC, a transgender person does not change their sex for the purposes of the Equality Act 2010.
Key Points from the Supreme Court Judgment
- The Equality Act 2010’s references to ‘woman’ and ‘sex’ mean biological woman and biological sex, not acquired or certificated gender.
- The ruling applies across the UK, not just in Scotland.
- The judgement does not remove or diminish protections for transgender people under the Equality Act, who remain protected from discrimination on the grounds of “gender reassignment”.
Practical Implications for Employers
The Equality and Human Rights Commission (EHRC) has issued interim guidance to help employers navigate the practical effects of the ruling:
Single-Sex Facilities
- Workplaces must provide sufficient single-sex toilets, changing rooms, and washing facilities where required.
- Trans women should not be permitted to use women’s facilities, and trans men should not use men’s facilities, as this would mean the facilities are not single-sex.
- Where possible, employers should provide mixed-sex (gender-neutral) facilities in addition to single-sex ones. Facilities in lockable rooms (rather than cubicles) can be used by anyone.
Public Services
- It is not compulsory for services open to the public to be single-sex. However, providing only mixed-sex facilities could amount to indirect sex discrimination against women.
Transgender Employees
- Employers must still ensure that trans people have access to appropriate facilities. This may mean providing separate gender-neutral options or ensuring privacy through single-occupancy, lockable rooms.
Policy and Training
- Review and update dignity at work and harassment policies to reflect the need for a balanced approach, ensuring the rights of both women (and men) and transgender employees are respected.
- The Equality Act continues to prohibit discrimination against individuals on the basis of gender reassignment. Employers must remain vigilant against harassment or less favourable treatment of trans employees.
Next Steps
Employers face a “difficult balancing act.” Practical solutions like lockable gender-neutral cubicles may help, but sensitivity and legislative clarification are needed.
Businesses should carefully manage concerns and revisit workplace policies to ensure they reflect a balanced approach. The Equality Act already protects against discrimination linked to trans status, and that risks for employers often arise around harassment or inequitable treatment.
The EHRC plans to issue full guidance and an updated code of practice for government approval by the end of June 2025. Employers should stay alert for these updates and review their workplace policies and facilities in light of the new legal clarity.
In summary:
Employers must ensure compliance with the clarified legal definitions of ‘woman’ and ‘sex’ as biological terms under the Equality Act 2010, while continuing to protect transgender employees from discrimination and ensuring access to suitable facilities for all staff.
