News

On 16^th of April 2025, the UK Supreme Court issued a groundbreaking ruling that has reshaped how employers must interpret some of their obligations under the Equality Act 2010. In the judgement in the For Women Scotland Ltd (Appellant) v The Scottish Ministers (Respondent) case, the Court determined that the terms “woman” and “sex” in the Act refer to biological sex, not gender identity.

The Gender Recognition Act 2004 (GRA) sets out the legal path for Transgender people to obtain a Gender Recognition Certificate (GRC) in the UK.

Whilst it requires applicants to have a medical diagnosis of gender dysphoria and have lived in their acquired gender for at least two years, there is no requirement for applicants to have undergone gender affirmation surgery.

Consequently, the Supreme Court’s judgment brings clarity—but also complexity—to how organisations should now manage equality, diversity, and inclusion (EDI) in the workplace. If you're an employer, this ruling may directly affect how you approach your policies, practices, and facilities.

Key Considerations for Employers

1. Single-Sex Facilities and Spaces

The ruling allows employers to restrict access to single-sex spaces, such as toilets, changing rooms, or overnight accommodations, based on biological sex. This is lawful provided it serves a legitimate aim (such as privacy or safeguarding) and is proportionate. This aligns with new guidance from the Equality and Human Rights Commission (EHRC), but decisions of this kind must be carefully documented and justified to avoid legal risk.

2. Policy and Practice Review

Now is the time to review your EDI policies, particularly those involving gender identity or single-sex services. Any wording that conflates sex and gender or assumes that self-identification determines legal rights should be reconsidered in light of this ruling. Ensure your internal documents and communications reflect the legal distinction between sex (biological) and gender reassignment (a protected characteristic in its own right).

3. Transgender Employees Are Still Protected

This ruling does not reduce protections for transgender individuals. Under the Equality Act, gender reassignment remains a protected characteristic. That means trans employees must continue to be protected from discrimination, harassment, and victimisation. Employers must continue to foster inclusive, respectful workplaces, even as policies evolve to reflect the new legal interpretation.

4. Legal and Reputational Risks

Acting without full legal awareness could expose your organisation to discrimination claims or reputational harm. Striking a legally compliant and respectful balance between sex-based rights and trans rights is essential in this new legal context.

What Employers Should Do Now

• Review and update your policies to reflect the Supreme Court’s clarification of “sex” under the Equality Act.

• Train HR teams and managers on the legal distinction between sex and gender reassignment, and how to apply it practically and fairly.

• Seek legal advice before making any policy or structural changes that could affect trans employees.

• Monitor updates from the EHRC and other regulatory bodies for evolving best practices.

This ruling marks a pivotal moment for employment law in the UK. While it provides legal certainty on the definition of sex, it does not simplify the realities of managing a diverse workforce. Employers must therefore tread carefully, ensuring they comply with the law while upholding the dignity and rights of all staff.

A proactive, informed, and balanced approach is now more important than ever! If you need advice and guidance, here at Curwens, we can help.

Omar Qassim is the Head of Employment Law at Curwens Solicitors. He specialises in advising both employers and individuals on all aspects of employment law. A large proportion of his work involves dealing with employment tribunal litigation – working on behalf of both employers and employees - drafting claims and/or grounds of resistance and witness statements, and advising on procedural issues such as disciplinary and grievance matters, sensitive internal investigations, recruitment or exit strategies, advising new and existing businesses on developing staff handbooks and including social media policies and hybrid working policies.