The UK Supreme Court has ruled that the term “woman” in the Equality Act 2010 refers strictly to biological sex — a decision that could have wide-ranging implications for transgender people, employers, and providers of single-sex services.
The ruling followed a legal challenge brought by the women’s rights campaign group For Women Scotland against the Scottish Government’s interpretation of equality law. At the heart of the case was whether trans women with a Gender Recognition Certificate (GRC) should be included in the legal definition of “woman” for the purposes of public appointments and equality monitoring.
In a unanimous verdict, the court rejected that interpretation. Lord Hodge, Deputy President of the Supreme Court, said:
“The unanimous decision of this court is that the terms 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex.”
He noted that using "certificated sex" instead of biological sex would undermine the coherence of the law and create inconsistencies in the application of single-sex provisions.
Workplace Implications
While the ruling does not remove protections for trans people under the Equality Act’s separate characteristic of “gender reassignment,” it does clarify that certain rights and services based on “sex” apply only to biological males and females.
This clarification is expected to affect a range of settings, including women-only hospital wards, prisons, sports categories, and possibly HR policies related to diversity and inclusion in the workplace.
Legal experts suggest that employers and HR professionals may now need to review policies on gender inclusion and staff facilities to ensure they comply with this clarified legal position while maintaining anti-discrimination commitments.
Mixed Reaction
The decision has drawn mixed reactions across the UK. Supporters of the ruling view it as a necessary step to protect sex-based rights and maintain clarity in law. Trina Budge, Director of For Women Scotland, called it a “victory for women and for legal clarity.”
However, trans rights groups and LGBTQI+ campaigners have raised deep concerns. Ellie Gomersall, a trans woman and Scottish Green Party member, responded:
“I’m gutted to see this decision. It undermines two decades of progress in protecting trans rights.”
The charity Scottish Trans warned that the judgment could lead to the exclusion of trans women from key spaces and services, even those who have legal gender recognition.
A Defining Moment for Equality Law
This ruling is likely to influence how public bodies, employers, charities and educational institutions draft their equality policies — particularly those relating to access to single-sex spaces, data monitoring, and inclusion initiatives.
It also adds to an already heated political debate around gender recognition, especially in Scotland, where attempts to reform the GRC process have faced significant opposition from Westminster.
As the UK navigates these complex legal and social issues, organisations are being encouraged to take a measured approach that balances compliance with the law, respect for all protected characteristics, and ongoing commitments to inclusivity.
LGBTI News Desk