Employment solicitors have shared their thoughts on the impact of the Supreme Court’s judgment on the definition of ‘woman’, ‘sex’, and ‘man’ in the Equality Act 2010.
Chelsea Feeney, employment associate at Guildford-based firm Stevens & Bolton, said the ‘landmark decision’ would ‘forever shape the legal landscape of gender recognition and sex-based rights in the UK’. She added: ‘Whilst this judgment pertains to the application of “woman” in the Gender Representation on Public Boards (Scotland) Act 2018, I strongly suspect it will be referred to in many more disputes and policies to come, especially as debates around diversity and equality policies continue to rage.’
Speaking of the possible impact on employers, Feeney said it ‘could mean that a review of human resources policies and diversity training is necessary, to ensure they accord with the updated definition of a “woman” in relation to biological gender without reference to those who have obtained a gender recognition certificate’.
She added: ‘Employers who operate single sex services or spaces may also need to reassess their policies to ensure these reflect the new position, which could lead to the exclusion of transgender individuals who hold gender recognition certificates from spaces which do not align with their biological gender, unless exceptions apply. However, employers should note that the Equality Act 2010 still affords transgender people protection from discrimination through the protected...
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