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Wednesday, September 17, 2025

Employment law update: key insights for HR professionals - Kennedys Law LLP

Our latest employment law webinar series session gave valuable insights into various key areas of UK employment law and important takeaways for HR.

In this article, we provide a summary of the key topics discussed and what HR professionals should do to help mitigate risk and ensure compliance in an evolving employment landscape.

For Women Scotland Ltd v The Scottish Ministers

The Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers clarifies that the terms ‘woman’ and ‘man’ in the Equality Act refer to biological sex, not gender identity.

The decision has sparked debates around how to balance the rights of both cisgender and transgender individuals in workplaces, especially regarding facilities like toilets and changing rooms.

The Equality and Human Rights Commission (EHRC) has released interim guidance in response to the ruling. Legal challenges to the guidance are ongoing, and further updates from the EHRC are expected.

Key takeaways for HR professionals:

  • Employers must provide suitable and sufficient facilities for staff.
  • Where facilities are available to both men and women, trans people should not be put in a position where there are no facilities for them to use.
  • HR should review policies, train staff and communicate clearly with employees about the ruling and how staff who are concerned, can raise issues.

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