What’s in the news?
The UK Supreme Court has (today, 16th April 2025) issued a landmark judgment on the issue of the definition of “woman” under the Equality Act 2010.
The unanimous decision is that, for the purpose of sex as a protected characteristic, this can only mean a woman who is biologically a woman (in other words – how she was described at birth.)
The Judges have clarified that this does not include a transwoman with a Gender Recognition Certificate (GRC). Women and sex will only refer to biological sex.
However, they also firmly stated that this does not affect the rights of people who are transgender, whose rights continue to be covered under the protected characteristic of gender reassignment under the Equality Act 2010.
(For Women Scotland Ltd v The Scottish Ministers 2025 UKSC 16).
Background to the case
This case was started by For Women Scotland in 2018 as a direct response to the Scottish government introducing a new law requiring gender balance on all public boards. The accompanying Statutory Guidance explained that women included transwomen with GRC’s.
For Scottish Women argued that this cannot be right: the definition of woman should only include those who are biologically a woman. A transwoman, with or without a GRC cannot be included in this definition as it is based on biology.
For Women Scotland were initially unsuccessful as the Scottish Court of Session agreed with the Scottish Government’s definition.
For Women Scotland appealed to the UK Supreme Court. Today (16.05.25), that Judgment confirms agreement with For Scottish Women’s definition.
So, what is the impact in real terms?
- This Judgment only confirms what we already know about women only safe spaces – they have an exemption from the Equality Act 2010 and are restricted to entry for biological women only (for example NHS wards or a woman’s refuge from domestic abuse.)
- There are concerns that some people may not understand the Judgment, and adopt a badly informed narrative that impacts decision making and Policy – for example about trans rights at work
- There are questions around what constitutes a woman only safe space, and what can be declared as one
- The perennial question of who can use which toilets will be resurrected – come to our training and find the answer!
- There are fears from the trans community about what this Judgment represents in terms of inclusion and safety from prejudice and unfair bias
- Watch this space: there will be NEW statutory guidance published by the summer. Statutory means mandatory and we will cover this essential topic here and in the training that we deliver.
How can we help?
Transgender Awareness Training
We have been providing training around Transgender Awareness in the workplace for many years. We create a non-judgmental space where we facilitate relatable training and discussions, after which everybody feels that have an improved understanding of the Equality Act 2010 and the role that all they play in creating a respectful, fair and inclusive workplace.
Our team will be working away this week and next to cover this decision within our training, to help enable an accurate narrative in your organisation of where this Judgment takes us in practical terms.
You can view an example running order of the training here, and drop us a line if you have any questions.
Employment Law Support
We work with HR teams supporting them with employment law advice and representation in the employment tribunal – for any questions this raises for your business, please don’t hesitate to pick up the phone to our experienced team.