Supreme Court Ruling: Key Information

Key information and recommended actions for organisations.

The UK Supreme Court has ruled that the legal definition of a woman should be based on biological sex.

The judges ruled that when the term "woman" is used in the Equality Act it means a biological woman, and "sex" means biological sex.

It also makes it clear that if a space or service is designated as women-only, a person who was born male but identifies as a woman does not have a right to use that space or service.

The decision indicates that holding a Gender Recognition Certificate does not change an individual's classification under the Equality Act for the purposes of single-sex provisions.

The ruling does not diminish protections against discrimination for transgender individuals under the characteristic of gender reassignment. Organisations must continue to uphold these protections.

Recommended Actions for Organisations

Support for Affected Individuals:

Ensure that support mechanisms are in place for transgender employees and clients, reinforcing the organisation's dedication to their well-being and rights. Establish channels through which individuals can express concerns or seek clarification about the impact of policy changes.​

Policy Review and Compliance:

Review current policies related to gender identity, single-sex spaces, and anti-discrimination to ensure they align with the clarified legal definitions. Engage legal experts for additional clarification where needed.

Communication and Training:

Clearly communicate any policy changes to employees, clients, and other stakeholders, emphasising the organisation's commitment to organisational values and inclusivity.

Monitor and Adapt:

Keep abreast of further legal developments (Equality Act 2010) and guidance from the Equality and Human Rights Commission, which is expected to provide additional guidance this summer.

Value Inclusive Culture:

Ensure your organisation is still committed to equity, diversity and inclusion, and values a psychologically safe, resilient culture for all stakeholders.

Review Single-Sex Facilities:

Provide unisex/gender-neutral alternatives alongside single-sex facilities, including toilets and changing rooms.

Monitor Employee EDI Data:

Anyone affected by the ruling may be reluctant to share sensitive data in the future, which could affect internal EDI monitoring, metrics and reporting.